Are Businesses Legally Responsible For Slip And Fall Accidents?

Are Businesses Legally Responsible For Slip And Fall Accidents?

Meaghan Kleine Blog

Waxy floors, accidental spills, and inclement weather are minor issues that can turn into huge liabilities for businesses. While one bad day of rain isn’t the end of the world, the excess water can be, if customers’ wet shoes leave floors slick enough for a nasty fall. 

Now you might be wondering, who’s at fault here? The business, the customer, mother nature? Like most legal questions, the answer isn’t so simple. Premise liability laws in Arkansas cover slip and fall accidents, but in order to pursue a legal case, you’ll need proof of negligence. 

A Review Of Premise Liability Laws

As a business owner, a “premise” covers the entire square footage and outside acreage that belongs to the company. This includes the parking lot and any walkways into, out of, and within the business. Therefore, if someone suffered an injury on an escalator due to poor upkeep and maintenance of the machine, the business may be found legally responsible for the person’s injuries. 

 

 

Arkansas homeowners are also legally responsible for their “premise,” so if a guest is injured at your dwelling, the individual may sue you for negligence. Here’s an example of a previous blog, where we discussed a premise liability case between a party guest and a condo complex. In the end, the guest provided enough proof in court to show that the complex was liable for their injuries.

Gathering Evidence For A Slip And Fall Claim

In Arkansas, you’re going to need proof that you were not at fault for your fall. If there is any indication that the injured party was partially to blame for their own accident, then it’s less likely to recoup damages. 

 

Here’s some of the evidence that an attorney will need for a slip and fall lawsuit: 

  • Date, time, and location of the accident

  • A written statement detailing the events leading up to and immediately after the accident

  • Eyewitnesses and (if possible) video footage of the accident occurring

  • Photo documentation of the accident scene and/or injuries

  • Medical records regarding the accident and financial documentation of burden

 

It’s not impossible, but significantly harder to prove negligence without legal guidance. However, with a knowledgeable attorney, proper documentation, and sufficient evidence, you have a good chance to recover your losses in court. 

How Businesses Protected Themselves From Premise Liability Claims Around Heelys Shoes

About twenty years ago, a new fad was sweeping across the youth of the nation: sneakers with wheels in the heels or “Heelys.” This fun, new trend faded fast, as children were getting seriously injured in accidents caused by shoe design. 

 

Due to the legal liability, Heelys shareholders filed a lawsuit against the company for withholding information about potential accidents caused by the product. When this news broke, Heelys were promptly rejected by parents, schools, and local businesses. 

 

 

Shopping plazas, grocery stores, small town shops posted bold signs banning the use of the shoes on their property. This strategy would save hundreds of businesses from potential lawsuits, as their posted notice served as a warning — customers who violated the rules and used Heelys in the business could not sue for damages.

If you’re curious about what happened to Heelys, the shoes mostly disappeared from the public eye sometime after the 2006 shareholders lawsuit. However, the brand is still operating and was last reported to be owned by BBC International in 2021. 

Hickey & Hull Law Offices: Arkansas Personal Injury Lawyers

Accidents happen all the time, but when one party is seriously injured on another’s property, it’s a judge’s job to decide who, if anyone, is responsible. But if you’re pursuing a lawsuit against a business, you’ll need a personal injury attorney to help present your case. 

 

Would a business or corporation represent themselves in the court of law? Maybe, but it’s highly unlikely given how much a company could lose. It’s only fair to have legal representation individually fighting for you.

Schedule an initial consultation with a member of Hickey & Hull’s legal team and start building your slip and fall injury case today!