Little Rock Premises Liability
Attorneys Assisting Little Rock Personal Injury Victims
Have you been injured on someone else’s property? If so, the property owner or manager could be responsible for the damages you suffered as a result. When accidents arise on the property of another, a premises liability claim may be brought by the injured party. Premises liability covers a variety of causes of actions such as slip and fall incidents, negligent or inadequate security, negligent maintenance, and even negligence in allowing intentional criminal acts committed by third parties to take place. If you have been injured in a store or on someone else’s property, call the Little Rock premises liability lawyers at Nahon, Saharovich & Trotz. For over 30 years, we have represented thousands of victims injured by the negligent actions of others, and our lawyers have successfully obtained over $1.5 billion in compensation for clients.
Establishing Liability in a Premises Liability Case
Arkansas premises liability cases can be among the most difficult injury cases in which to prove liability, and they often result in complex legal arguments disputing fault. The main reason is that in Arkansas, there are generally three classifications of people when they enter another’s property – Trespasser, Licensee, and Invitee. Each classification has its own definition and provides a different duty for the property owner, as a premises liability lawyer in Little Rock can explain. For example, if a loved one is shot and killed during a robbery while purchasing gas inside a convenient store and it is discovered that the owner had notice of criminal activity on the premises but failed to provide adequate security, a wrongful death claim may be asserted. However, if the decedent was a trespasser, a legal duty may not have been owed to that person.
In certain instances, these classifications can merge together. Below are the classifications and their distinctions:
- Trespasser – a trespasser is a person who goes onto the premises of another without express or implied permission or without an invitation. A Little Rock property owner generally only owes a trespasser a duty not to cause the trespasser injury by gross negligence or willful or wanton conduct.
- Licensee – a licensee is a person who enters the premises of another with the consent of the owner – express or implied – but mainly for their own benefit and not for the benefit of the land owner. Social guests can fall into the category of licensee. In Little Rock, a land owner owes no duty to the licensee until his presence is known or reasonably should have been known. Once the presence is known, the land owner owes the licensee a duty not to cause him injury by wanton or willful conduct, to excise ordinary care to avoid injuries to the licensee when he is in a position of danger, and to use ordinary care to make known dangerous conditions safe that are not open and obvious or at least warn the licensee when he would not know or have reason to know about the danger.
- Invitee – an invitee is a person who goes onto the premises of another with express or implied consent for the benefit of the landowner or for the mutual benefit of both parties. Store customers generally fall into this category, for example. Invitees are afforded the most protection under the law. Here, the owner has a duty to maintain the premises in a reasonably safe manner using ordinary care. This duty extends not only to protecting invitees from known dangers, but also from dangers the landowner reasonably should discover. Invitees can be further categorized as public invitees or business invitees.
An experienced premises liability attorney in the Little Rock area can assess the facts of your situation and help devise a strategy to represent your interests if a landowner breached a duty owed to you. Premises liability cases often depend on the specific facts of the incident, meaning you should retain a lawyer who can investigate the accident and conduct discovery in order to identify the proof needed to succeed on your claim. This could allow you to recover damages for medical bills, surgery, lost wages, and pain and suffering, among others.
Call a Little Rock Premises Liability Attorney Today
Call Nahon, Saharovich & Trotz if you have been hurt due to a property owner’s negligence. Our attorneys may be able to assist you in pursuing economic and non-economic damages. We represent victims injured throughout Arkansas, Missouri, Mississippi, Kentucky, and Tennessee, including in Little Rock, Jonesboro, Memphis, Nashville, Chattanooga, Knoxville, Caruthersville, Hayti, Oxford, Starkville, Grenada, Columbus, Tupelo, Meridian, and Jackson. Contact our office by calling 800-LAW-4004 or by completing our online form to set up a free appointment with an injury attorney.
Most car accidents are preventable and occur as a result of errors by one or more drivers. To prove liability, you will need to establish by a preponderance of the evidence that the driver owed you a duty of care, which was breached, and that your injuries resulted from the driver’s carelessness. Damages that may be available in these cases often include medical expenses, lost income, mental anguish, loss of consortium, and pain and suffering.
Truck drivers are required to follow numerous detailed regulations, including rules related to hours of service, keeping a logbook, and maintenance procedures. Many of these regulations are intended to protect other people on the road from harm. In some states, if a driver violated a law that was enacted to protect the public, the violation can create a rebuttable presumption of negligence. Trucking companies are also required to follow a number of regulations, including rules related to background checks of drivers and proper supervision. They often may be held directly or indirectly liable for a truck accident.
The Social Security Administration (SSA) evaluates applications for disability benefits. Although many people pay into this system throughout their lives, many legitimate claims are initially denied, and this process may be less straightforward than claimants expect. The SSA uses a five-step sequential evaluation to determine whether to grant benefits to an applicant. Each step is considered in a set order. We can present your case in a persuasive manner and help you appeal a denial of a meritorious claim if needed. This could include representing you in a hearing before an administrative law judge.
Workers’ compensation functions slightly differently in each state. In Tennessee, for example, businesses that employ five or more employees must carry workers’ compensation insurance. If you are injured on the job, you may recover benefits, such as medical costs and disability. Neither your employer’s nor your own culpability for your injuries will prevent you from collecting these benefits. However, it may still be a struggle to obtain benefits from your employer’s insurer. We can help you navigate this challenging process.
If you were harmed by a health care professional’s failure to use the appropriate level of care in providing treatment to you, you may be able to recover compensation. Most medical malpractice lawsuits require retaining an expert to determine the accepted standard of care and explain what the defendant did that fell short of this standard, as well as how the inappropriate conduct caused the patient’s injuries.
When you buy a toy, car, medication, or other product, you do not expect to be hurt. If you are injured, you may have grounds to file a product liability lawsuit. There are three types of defects that may be actionable: manufacturing, design, and marketing (also known as failure to warn). Manufacturers may be held accountable under multiple different theories, including strict liability, negligence, breach of warranty, and concealment. For example, if you take a drug that causes you to develop cancer, but you were not told that a potential side effect of the drug was developing cancer, you may have grounds to hold the manufacturer strictly liable for its failure to warn you of the risk.
Nursing home residents are often elderly or disabled, and thus they are especially vulnerable to neglect, physical abuse, and exploitation by staff members. Unfortunately, many nursing homes are understaffed or employ staff members who are inadequately trained to deal with potentially frustrating situations. Nursing homes are required to protect their residents from physical, mental, and emotional harm by providing a safe environment, as well as adequately training and supervising staff. A failure to do so may be grounds for a nursing home negligence lawsuit for damages.
Property owners have a duty to keep their property reasonably safe. In most situations, this includes an obligation to inspect the property for dangerous conditions and fix them or provide warnings about them so that visitors are not harmed. One type of dangerous condition, which may present a particular problem in apartment complexes or shopping centers, consists of inadequate security measures such as broken locks, poor lighting, or a lack of security guards. A failure to take security measures when appropriate may allow third-party criminals to assault, rob, rape, or otherwise harm visitors and tenants. You may be able to recover damages if you can prove that the defendant knew or should have known about a history of attacks similar to yours and taken appropriate security measures to reduce the risk of further incidents.
Consult a Personal Injury Lawyer in Memphis or the Surrounding Regions
If you are dealing with a devastating injury or medical condition, the Memphis personal injury attorneys at Nahon, Saharovich & Trotz can evaluate and explain your options. Our firm has 30 attorneys and more than 100 staff members, and we serve injured people in many areas of Tennessee, Mississippi, Arkansas, Missouri, and Kentucky, including Memphis, Nashville, Knoxville, Chattanooga, Jonesboro, Little Rock, Jackson, Meridian, Tupelo, Columbus, Grenada, Starkville, Oxford, Hayti, and Caruthersville. Contact our office toll-free by calling 800-529-4004 or by completing our online form to set up a free consultation with a personal injury, workers’ compensation, or Social Security Disability lawyer. Once you have learned more about our vigorous advocacy for the rights of the injured, you will realize that NST is the way to go.