A weekend barbeque in a neighbor’s yard, a shopping outing, or a day at an amusement park can quickly change from fun to painful if you are in an accident on the property. And with injuries come costs: you pay with medical bills, lost wages, and through your pain and suffering. When you have an accident on property owned or under the control of another person or entity, that property owner may be responsible for compensating you for the damages you sustained in the accident.
Property ownership comes with the responsibility of keeping that premises safe, and when you suffer because a property owner fails to uphold that responsibility, reach out to a Memphis personal injury lawyer from GKBM. A Blytheville premises liability lawyer from our team will work to get you the compensation you need for recovery.
Responsibilities of Blytheville Property Owners
In Arkansas, those who enter a property owned by someone else fit into one of three categories: licensee, invitee, or trespasser. Property owners owe a responsibility, or duty of care, to those who enter their properties, depending on what category that visitor represents.
Licensees
Licensees enter a premises with the property owner’s permission and not for business purposes. When you are a guest at the backyard barbeque, indoor dinner party, or just stopping by to say “hello,” you are a licensee. People who enter a residential property for work, mail carriers, for example, are also licensees.
Property owners owe licensees a duty of care once they (the owners) know the visitor has entered the premises. This duty requires property owners to practice “ordinary care” to keep the visitor from injury by informing them of known hazards, fixing observable dangers, and refraining from intentional or reckless behaviors that could cause harm.
For example, property owners should warn licensees of faulty stairs or railings and take care to clear walkways of slippery leaves, ice, or debris.
Invitees
Invitees also enter a premises lawfully but are there for business purposes, ultimately benefiting the property owner or manager. Customers in supermarkets, clothing stores, or other retail businesses are invitees, as are restaurant patrons, amusement park guests, or sightseers at government-owned parks.
Property owners’ duty of care for invitees requires maintaining the safe condition of the property, anticipating and mitigating, or cautioning invitees about possible dangers. For example, amusement parks must post warnings at “intense” rides, indicating the ride could increase back or neck pain or should be avoided by riders with certain medical conditions.
Anticipated Dangers Are Not the Same for All
What counts as an “anticipated danger” on one property may not count on another. For example, grocery store owners know their shelves are filled with containers full of slippery substances, and spills are likely. Therefore, they must have plans in place to clean those spills or at least put caution signs on the affected area swiftly.
A clothing store may have more leeway if a customer slips on a spill–the stores do not stock slippery substances, and store owners or managers may not be expected to anticipate spills. However, they still have the responsibility of keeping the premises reasonably safe.
When you are hurt on someone else’s property as an invitee, you can expect the property owner to fight back, looking for ways to avoid paying you a settlement–perhaps by arguing they could not have reasonably anticipated the danger that harmed you. Do not risk losing a settlement to the property owner’s hair-splitting defenses. Instead, have a knowledgeable premises liability attorney in Blytheville fight for you.
Trespassers
Trespassers enter a property without express or implied permission. They are there illegally. Property owners are liable for a trespasser’s injury only if the property owner’s intentional or reckless misbehavior causes the trespasser harm.
Under the attractive nuisance doctrine, which many states have adopted, there are some instances when property owners can be liable for a child trespasser’s injuries. Children cannot calculate risk as adults can. Therefore, when a property contains an enticing but potentially dangerous structure, such as a swimming pool or trampoline, the property owner must comply with local regulations to secure the area and prevent children from entering.
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Common Accidents and Injuries in Premises Liability Cases
Any preventable accident that causes injury is potential grounds for a premises liability suit, even if property owners try to convince you otherwise. Do not take their word for it. Trust your experienced premises liability lawyer in Blytheville to assess your case.
Common accidents prompting premises liability claims include:
- Slips or falls: caused by broken stairs, wet floors, inadequate lighting
- Drownings: from unsecured swimming pools or lack of supervision
- Fires: from safety code violations
- Assaults: from negligent security practices (in parking lots, for example)
- Dog bites or attacks
Injuries from these accidents can be severe. Slips or falls can cause broken bones, traumatic brain injury, back or neck damage, or even spinal cord injuries. Fires can leave victims permanently disfigured and disabled, and dog bites can cause scarring, infection, and nerve damage.
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How a Settlement Can Help
To heal physically, financially, and emotionally from your injuries, you need a substantial settlement. A compassionate, experienced Blytheville premises liability attorney from GKBM can help you secure that settlement.
Injuries require medical care, which is always expensive, and you may need care long term if your injuries are severe. As you recover, you will lose wages from missed days at work. You may also incur additional expenses to pay for responsibilities you can no longer manage without help. A settlement can cover these losses and put you back on stable financial ground.
Injuries also cause emotional pain. Your pain may bring anxiety or feelings of despair, and you may experience depression and loneliness if you cannot participate in the same activities, care for yourself independently, or simply move through each day as you did before. A settlement acknowledges that emotional pain and gives financial access to opportunities that can mitigate your losses.
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We Want to Fight for You – Call a Blytheville Premises Liability Attorney
GKBM has been fighting for injury victims’ rights for over 50 years, and we are here to fight for you. There is no risk in reaching out to a Blytheville premises liability lawyer from our team. We offer free case reviews and accept no payment until you receive compensation. Contact us today and start moving toward recovery.
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