Little Rock Premises Liability Lawyer

Did you know that when you are lawfully on someone else’s property, they have a duty to keep you safe? While this duty is not complete, the person in charge of the property must keep it reasonably safe. This person may be the property owner, property manager, occupants, or others. Whoever it is, they may be financially responsible for damages from an accident or injury occurring on their property.

Premises liability laws can become complicated because of two factors. First, a property owner’s duty varies according to the type of visitor on the property. If you are a lawful visitor, they owe you a duty. They do not have the same duty to most trespassers—but they can still have a duty to some. Next, you have to show that they did not take reasonable steps to keep their property safe and that this failure led to injuries. A Little Rock premises liability lawyer could review the facts and advise you about any potential remedies.

Visitors Must be Lawfully on the Property

Property owners have differing duties of care depending on a visitor’s classification. There are three main categories of visitors who can be on someone’s property: invitees, licensees, and trespassers.

An invitee is an individual visiting a business for that business’s product or service. A licensee is someone who is allowed on the property, either as a guest or for purposes not related to the business of the property. The significant distinction between invitees and licensees is that invitees are on the property to provide some benefit to the property owner. In contrast, licensees are on the property for their own purposes. However, the distinction between the two types of visitors has mostly eroded over time. Trespassers are people who are not permitted to be on the property.

Property owners have a duty of care to protect visitors from all known dangerous conditions on the property. This duty of care means that property owners should remedy any hazardous conditions on the property. If they cannot remedy the hazard, then they need to warn visitors of the danger.

Generally, property owners do not owe any duty to trespassers. However, a property owner cannot set a trap for trespassers or otherwise intentionally harm them. Additionally, if a property owner is aware that trespassers frequent the property and does not take steps to keep them off, the owner may end up owing a duty to them. Finally, property owners must protect child trespassers from injuries when an artificial condition on the property might attract children. A swimming pool is an excellent example of an attractive nuisance.

A Little Rock attorney could help you determine what duty of care you were owed while on someone else’s property according to premises liability law.

What Constitutes Negligence for Premises Liability?

The first step to proving negligence is showing that the property owner knew—or should have known—about the dangerous situation. Implied in this, the property owner may need time to remedy the hazard. Knowledge that is simultaneous with the injury may not be sufficient to establish negligence.

Next, a victim has to prove that the property owner failed to remedy or reduce the risk of harm. A property owner who puts up adequate warnings of a hazardous situation may have taken sufficient steps to protect visitors.

Situations that Can Lead to Premises Liability

Almost any hazard on a property can lead to premises liability. If a reasonable property owner would have taken steps to remedy a hazard that led to an injury, premises liability cause of action might be supported. Common hazards include dangerous dogs, swimming pool accidents, premises defects, slips and falls, and building code violations.

If a victim is injured on someone else’s property and is unsure if they have a premises liability claim, they can talk to a Little Rock attorney who handles these types of cases. The attorney could evaluate the facts of the injury and provide guidance about potential remedies.

Speak to a Little Rock Premises Liability Lawyer

Getting hurt on someone else’s property presents legal and social challenges. A negligent property owner should be financially responsible for your injuries. In addition to covering medical bills, they should pay for lost wages, loss of earning capacity, pain and suffering, trauma, and other similar damages. However, if the property is a business you frequent or belongs to a friend or family member, seeking compensation can feel awkward.

A Little Rock premises liability lawyer could help. They could negotiate with the property owner’s insurer, allowing you to take a step back from the process. Schedule a consultation to learn more.

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