Arkansas Premises Liability Lawyer

What duty does an Arkansas property owner owe you?

It depends on why you were there. Arkansas generally follows the traditional categories, and owners owe the most to people who come on business.

• Invitees, such as customers, hotel guests and casino patrons, are owed ordinary care to keep the premises reasonably safe, including warning of hidden dangers the owner knows about or should discover.
• Licensees, such as social guests, are generally owed a warning about hidden dangers the owner actually knows of and protection from willful or wanton conduct.
• Trespassers are generally owed protection only from willful or wanton harm, with some added protection once the owner knows they are present.

Owners are not required to guarantee safety. The key question is usually whether the owner knew or should have known about the danger and failed to act reasonably.

Can I recover if the hazard was easy to see?

Possibly, but this is where many Arkansas premises claims are won or lost. Owners often argue a hazard was open and obvious, and the 50% fault bar raises the stakes of that argument.

A worked example: a shopper in a Jonesboro store trips over a pallet left in a dim aisle and suffers $90,000 in losses. If the jury finds the store 70% at fault and the shopper 30% at fault for not watching where they were going, the shopper recovers $63,000. If the jury splits fault evenly, the shopper recovers nothing. Evidence that displays drew attention away from the floor, that lighting was poor or that the pallet blended with the floor can move that percentage.

Which Arkansas properties produce the most injury claims?

Stores, rental housing, casinos and tourist destinations account for many of the cases we review.

Casinos and resorts

Arkansas has licensed casinos and a long-standing resort area around Hot Springs. Busy gaming floors, spilled drinks, crowded walkways, escalators and parking garages lead to falls and, at times, assaults. Casinos usually have extensive video, but footage may be kept only for a limited time unless a preservation request is made.

Stores and distribution centers

Retail stores see spills, falling merchandise and parking lot hazards. Large stores often have inspection policies, and whether employees followed them can be key evidence.

Rental housing

Broken stairs, rotted decks, missing handrails and poor lighting are common. A landlord that controls common areas or agreed to make repairs may be responsible for injuries there.

Lakes, rivers and outdoor recreation

Lake resorts, marinas, campgrounds and outfitters along Arkansas rivers draw visitors in warm months. Docks, boat ramps and rental equipment can all lead to claims. Arkansas, like many states, limits the liability of landowners who open land for recreation without charge, except in cases of willful or malicious conduct.

When is an Arkansas business liable for a crime on its property?

Sometimes. A business may be responsible for an assault on its premises when the crime was foreseeable, often shown through earlier incidents, and the business failed to take reasonable steps such as lighting, cameras, locks or security staff. These cases depend heavily on the property's history. Our premises liability page explains how negligent security claims are built.

What if the injury happened on public property?

Arkansas cities, counties and school districts are generally immune from negligence suits except to the extent of their liability insurance, and claims against the state usually go to the State Claims Commission. A fall in a state office building or a school facility may therefore follow a very different path than a fall in a store. Our page on government and public property claims explains more.

What should you do after a fall in Arkansas?

Report the incident and ask for a copy of the report, photograph the hazard and the area, get witness names, keep your shoes and clothing, and get medical care the same day. Ask a lawyer to request preservation of video and inspection logs.

Most Arkansas premises claims must be filed within 3 years. If a dog was involved, see our dog bite page. For more on Arkansas law, visit the Arkansas injury guide or our Arkansas wrongful death page. We offer a free case review, and you pay no fee unless we win.