Filing a slip and fall injury claim in Arkansas comes with several challenges. Understanding these hurdles can help victims prepare for the legal process.
Proving Negligence
The burden of proof lies with the injured party. You must show that:
- The hazardous condition existed long enough for the property owner to address it.
- The property owner failed to take reasonable steps to fix or warn about the hazard.
For example, if a spill occurs in a store, liability often depends on how long it was left unaddressed.
Comparative Negligence Complications
Arkansas's comparative negligence rule can reduce or deny compensation if the victim is partially at fault. Common defenses include:
- Claiming the victim was distracted, such as using a phone.
- Arguing the hazard was open and obvious, making the victim responsible for avoiding it.
Dealing with Insurance Companies
Insurers often attempt to minimize payouts by:
- Disputing the severity of injuries.
- Claiming pre-existing conditions caused the injuries.
- Questioning the timeline of events.
How Legal Representation Helps
A skilled attorney can counter these challenges by:
- Collecting strong evidence, such as security footage or maintenance records.
- Securing expert witnesses to validate injury claims.
- Negotiating aggressively to ensure fair compensation.
By understanding these potential obstacles, victims can approach their claim more effectively and improve their chances of success.
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