A slip and fall injury on unsafe premises is one that occurs when an individual enters a store, home, or business and becomes injured after falling, which was caused by another’s negligence. A negligent premises owner may be at fault when there is evidence that the fall was caused not by clumsiness on the part of the fall victim, but by one or more of the following (or other factors, as this is not an exhaustive list):
- Uneven surface;
- Wet or icy surface;
- Cracks or potholes;
- Greasy or dirty surface;
- Debris from a storm;
- Improperly stored merchandise;
- Extension cords, power tools, or other construction supplies or tools;
- Poor lighting;
- Lack of a hand railing in a stairwell;
- Lack of caution signs; and
- Lack of “step up” or “step down” signage.
For those who have suffered an injury after a slip and fall, taking immediate legal action by pursuing a settlement or civil personal injury lawsuit is the best course for ensuring that you do not become bankrupted by another’s negligence.
Storms that Cause Slipping and Tripping Hazards
With all of the recent tornadoes, hailstorms, and thunderstorms that have been occurring recently in Arkansas, sidewalks, public and private outdoor stairways, and the inside front entranceways of many establishments have become trashed with debris, water, and ice. Parts of Arkansas have already received over 11 inches of rain in an incredibly short time, according to the Weather Channel. This poses an immense tripping and slipping hazard for anyone who must navigate such walkways. But if you slip after one of these storms and suffer an injury, who’s to blame? The answer to that question depends on how much time the store owner, business owner, or property owner had to realize that there was a hazard and deal with it appropriately. The property owner or party responsible for the establishment must take reasonable steps to reduce tripping or slipping hazards, and be given enough time after a storm to clean up the water, ice, or debris from their premises. For example, if it is currently downpouring and you rush into a coffee shop to take shelter from the storm, and in so doing, trip and break a collarbone, you may or may not be able to prove negligence on the part of the store owner. Was there a floor mat set up at the entrance? Were there caution signs of a wet floor? An even more likely scenario of successfully proving negligence would be if the storm had passed two hours before and there was still a standing puddle of water at the entrance with no warning sign, no effort to mop up the puddle, and no floor matt. When ascribing fault in a slip and fall lawsuit, it is essential to prove that the premises owner did not take reasonable steps to prevent the trip or slip from occurring.
Call a Jonesboro Attorney Immediately
In Arkansas, you have up to three years to file a personal injury lawsuit for a slip and fall due to an unsafe premises, according to statute § 16-56-105. We encourage you to contact the slip and fall attorneys of Wells & Wells today at 870.782.4084. We will assist you in recovering the compensation that you deserve.