What is the legal definition of a “slip and fall”?
In Arkansas, the legal definition of a “slip and fall” is when someone slips or trips and is injured due to something on the property that should not have been there. This could include something as simple as a wet floor that was not properly marked or a broken stair that should have been fixed. The person who was injured must prove that the accident was caused by something that the property owner knew or should have known was there and a dangerous condition existed. They must also prove that the injury was caused by the property owner’s negligence, which means they were not exercising reasonable care in maintaining the property. In the court of law, slip and fall cases are commonly known as premises liability cases. The Premises Liability Act in Arkansas states when someone is injured on someone’s property because of something that the property owner was or should have been aware of and failed to act, then they could be liable for any injury or damage caused. In order to prove negligence, the plaintiff must prove that the property owner failed to use reasonable care in maintaining the property. In a slip and fall case, a court may consider several factors including whether the property owner had knowledge of the danger, if the injured person had knowledge of the danger, and if the property owner should have known of the danger. The court will consider if the property owner behaved in a reasonable manner with regard to the maintenance of the property and if the risk of harm was reasonable in the circumstances.
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