Can I file a claim if the construction accident was preventable but the property owner was negligent?
Yes, you can file a claim if the construction accident was preventable and the property owner was negligent. In Arkansas, construction site owners have a duty to maintain safe areas for their workers. If the owner failed to take reasonable steps to ensure the safety of the workers, and a worker was injured in a construction site accident, the worker may be able to file a personal injury claim. In Arkansas, plaintiffs in a personal injury claim can seek compensation for their medical expenses, lost wages, pain and suffering, emotional distress, and punitive damages. It is important to understand that Arkansas law does not automatically entitle a plaintiff to punitive damages, and they must prove that the defendant acted with gross negligence or reckless indifference. It is also important to keep in mind that the filing of a claim does not guarantee a settlement or judgment. To successfully pursue a personal injury claim, the plaintiff must prove that the property owner was negligent and that the negligence was the cause of the plaintiff’s injuries. If the plaintiff is able to prove negligence, they may be able to receive compensation.
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