What Is a Premises Liability Claim?

Anyone who is injured while on somebody else’s property may have the right to file a premises liability claim for their losses. Generally, all property owners have a duty of care to ensure their property is safe for anyone who has a lawful right to be on their property. This duty includes fixing known dangers, warning customers or visitors of hazards, making routine inspections to become reasonably aware of any possible property risks, and ensuring other safety measures are in place.

Duty of care applies to:

• Owners of commercial property. This includes retail stores, apartment complexes, hotels and motels, restaurants, gas stations, shopping malls, professional offices, and any place that offers products or services for a fee.
• Owners of nonprofit organizations. The duty of care applies to hospitals, churches, and any other places people may attend to receive a social, health, or other nonprofit benefit.
• Homeowners. Property owners have a duty to keep their sidewalks and public access routes safe. They also have a duty to protect the safety of anyone they invite into their home.

Generally, Arkansas determines the amount of care that is required depending on the status of the person on the property.

• Invitees. These are people who are legally on the property at the request of the property owner for the mutual benefit of both the customer/visitor and the property owner. Common examples include shoppers and clients. The property owner owes the highest duty of care to invitees.
• Licensees. These are people who have a legal right to be on the property but aren’t there to benefit the property owner. People just walking through on the sidewalk are generally licensees. The duty of care is still quite high for licensees.
• Trespassers. These are people who don’t have a legal right to be on the property. The property owner generally does not owe a duty of care – unless the property owner is aware of a known danger (such as a swimming pool) and fails to post a warning.

Common types of premises liability cases

Slips, falls, and trips and falls are a leading reason people file premises liability claims. Slips and falls often occur from:

• Wet and slippery floors
• Snow and ice that hasn’t been removed
• Torn carpets or broken tiles
• Inadequate lighting
• Merchandise left on the floor

Other common types of premises liability claims include:

• Dog bites
• Elevator and escalator accidents
• Merchandise, tools, or equipment that falls on someone
• Swimming pool accidents
• Release of toxic chemicals

Property owners can also be held liable in a premises liability claim for negligent security that results in an attack or assault.

Common premises liability injuries

In many cases, an accident victim falls and suffers physical injury. If the victim strikes his/her head, they can suffer a traumatic brain injury. Spinal cord injuries are also possible. Many victims suffer broken arms trying to catch themselves, sprains, ligament and muscle damage, and soft tissue injuries. Burns, internal damage from an assault, and other injuries are also possible depending on the type of accident.

In tragic cases, a victim dies, which may call for the filing of a wrongful death action.

When you visit someone else’s property, you have the right to focus on your tasks – shopping, spending time with people, or a professional meeting. When property owners fail to protect your safety, talk to the skilled Little Rock premises liability lawyers at Bailey & Greer, PLLC. We have the experience and resources to hold the owners and repair companies liable for your medical bills, lost income, and pain and suffering. To arrange a free consultation, call us at 501.213.1512 or use our contact form to schedule an appointment.