A slip and fall lawyer Little Rock Arkansas can evaluate your claim to determine if you have a case. Slip and fall, also known as trip and fall, is known as premise liability. If you slip and fall on another’s property, this does not mean they are automatically liable. You must show the owner was negligent.
A slip and fall lawyer Little Rock, Arkansas can help identify if the property owner knew or should have known about the defect or dangerous condition. If the owner knew or should have known about the defect and did not correct the danger, they can be held liable for your damages. However, if the dangerous condition was unknown by the property owner and not discovered, it will be difficult to prove negligence.
While slip and fall law is a case in tort, negligence is not automatically imputed to the property owner just because an injury occurred. These types of cases require additional investigation. If the dangerous condition materialized immediately before the incident, the property owner might not be found negligent. A property owner must know about the dangerous condition and fail to correct such or have created the dangerous condition. Here the reasonable person standard applies to the property owner. A slip and fall lawyer Little Rock, Arkansas will guide you through the obstacles encountered in a premise lability claim.
In some states comparative negligence is used to determine degree of fault by both the injured party and the property owner. During the investigation phase the injured victim will be asked what type of shoes they were wearing at the time of the incident. This is an effort to determine if you contributed to your own injuries by wearing shoes that were prone to cause unsteady footing such as flip flops. The weather will be a factor as well in determining degree of negligence. This is all an attempt to reduce the percentage of negligence. A Little Rock Arkansas slip and fall lawyer can help you identify whether comparative fault exists.
It is important to document everything at the time of the incident. Photographing the scene and your footwear should be a priority at the time of the slip and fall. Providing notice to the owner at the time of the incident is imperative because it gives notice to the property owner and further legitimizes your claim. If you wait days or weeks after the slip and fall to inform the property owner, it results in a weaker case. Consulting with a Little Rock Arkansas slip and fall lawyer can help identify the pitfalls. Waiting results in a gap of time in which the other side can argue that you were injured somewhere else and now you are trying to gain money from an innocent property owner who was unaware of any alleged damages.
It is imperative that you receive medical treatment immediately after your slip and fall. Showing treatment and or diagnostic testing immediately afterwards links the dangerous condition to your subsequent injuries. During the examination, it is important to explain to the health care provider exactly what happened. This explanation should be documented in your medical records upon examination and or treatment. This becomes your evidence.