People and businesses that own or control property have a responsibility to the people who come onto it. When unsafe property causes an injury, the claim is called premises liability. Falls are the most familiar example, and I cover them on my slip and fall page. This page covers the bigger picture: who can be responsible, what kinds of hazards lead to claims, and what changes the analysis.

Why you were there matters

The duty an owner owes can depend on why you were on the property. A customer in a store is usually owed more care than a social guest, and a person who had no permission to be there is usually owed the least. The details can be technical, so this is one of the first things I look at in a premises case.

Who may be responsible?

The person responsible is not always the owner. Depending on the facts, it may be:

A business that leases and runs the space
A landlord who controls common areas like stairs, parking lots, or walkways
A property management company
A contractor working on the site
A security company

Leases and contracts often decide who was supposed to maintain what. Figuring that out early matters.

Kinds of premises cases

Unsafe conditions: broken stairs or railings, holes, falling objects, poor lighting, unsafe balconies or decks.
Dog bites and animal attacks: these can raise questions about what the owner knew about the animal and how it was kept.
Negligent security: in some cases, a property owner may be responsible when poor security contributed to an assault in a parking lot, apartment complex, or business.
Swimming pools: missing fences, gates, or supervision.
Rental housing: hazards in areas the landlord controls.
Fire and exit hazards: blocked exits or missing safety equipment.

What has to be proven

In general, the injured person must show the property had a dangerous condition, the responsible party knew or should have known about it, they failed to fix it or give a reasonable warning, and the condition caused the injury. Owners often argue that the hazard was obvious or that the injured person was careless. Under Arkansas’s comparative fault rule, damages are reduced by your share of fault, and if your fault is equal to or greater than the defendant’s, you recover nothing (A.C.A. § 16-64-122).

Public property is different

Parks, schools, city sidewalks, and government buildings follow different rules. Cities and counties in Arkansas are generally immune from suit except to the extent of their liability insurance (A.C.A. § 21-9-301). Claims against the State go to the Arkansas State Claims Commission. If public property was involved, get advice early.

Building the case

Conditions get repaired and video gets recorded over. Helpful evidence includes photos taken right away, incident reports, witness names, maintenance and complaint records, and prior incidents at the same place. For dog bites, animal control reports and medical records are important.

Most personal injury lawsuits in Arkansas must generally be filed within three years (A.C.A. § 16-56-105). Some deadlines can be shorter.

Common questions

I was bitten by a neighbor’s dog. Can I bring a claim?

Possibly. It often depends on what the owner knew about the dog and the circumstances of the bite. Homeowner’s or renter’s insurance sometimes plays a role.

I was hurt at my apartment complex. Who is responsible?

It depends on where it happened and who controlled that area under the lease. Bring your lease when we meet.

Questions about an injury on someone else’s property?

Call my office at 870.525.2191. Our phones are answered 24 hours a day, and Sara Beth or I will call you back. Office hours are Monday through Friday, 8:00 a.m. to 5:00 p.m., at 721 W. Matthews Ave in Jonesboro. You can also request a consultation online. Consultations are free and usually last about 30 minutes, and I’ll explain how fees work for your kind of case before you decide anything.

This page is general information about Arkansas law, not legal advice for your situation.