What kind of proof is required to prove a slip and fall claim?
In Arkansas, the burden of proof is on the plaintiff—the person bringing the slip and fall claim—to prove that the property owner was negligent. To do this, the plaintiff must demonstrate three elements: that the property owner had a duty of care, that the property owner breached that duty of care, and that the breach resulted in harm to the plaintiff. The plaintiff must provide evidence to establish that the property owner, or someone in control of the property, failed to act as a reasonably prudent person would have. This evidence can include photographs, witness statements, and medical records. The plaintiff may also be able to demonstrate that the property owner had prior notice of the dangerous condition, which is a form of negligence. In addition to these pieces of evidence, an expert may be called in to testify about the cause of the slip and fall. The expert could be a medical professional, a building inspector, or another expert knowledgeable about the property or the particular hazard that caused the slip and fall. In most states, a plaintiff must prove that the property owner was negligent in order to succeed in a slip and fall case. It is important to present all relevant evidence and fully document the conditions that led to the slip and fall and the resulting injuries. If successful, a plaintiff may be able to secure damages for medical bills and lost wages.
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