Falls are not always small. A slip on a wet floor or a trip on a broken step can mean a broken hip, a wrist fracture, a back injury, or a head injury. For older adults especially, a fall can lead to months of recovery. If you fell at a store, restaurant, apartment complex, or other business because of an unsafe condition, here is what you should know.
Not every fall is someone else’s fault
Property owners are not required to make their property perfectly safe. A fall alone doesn’t create a claim. In general, you have to show that:
- There was a dangerous condition, like a spill, ice, torn carpet, or a broken stair.
- The owner or business knew about it, or should have known about it with reasonable care.
- They did not fix it or warn about it in a reasonable time.
- The condition caused your fall and your injuries.
The second point is often the hardest. A store may say a spill happened seconds before you walked by. That is why evidence of how long a hazard was there, such as video, cleaning logs, or employee statements, can matter so much.
What to do right after a fall
- Report the fall to a manager and ask that an incident report be made. Ask for a copy, or at least the name of the person who took it.
- Take photos of exactly what caused the fall before it is cleaned up or fixed: the spill, the step, the lighting, any missing warning signs.
- Photograph your shoes and clothes, and keep them.
- Get names and numbers of anyone who saw the fall or the hazard.
- Notice whether there are security cameras. Businesses may record over footage, so asking early helps.
- Get medical care and tell the doctor how you fell.
Be careful about what you say at the scene. Saying “I’m fine” or “I wasn’t watching” out of politeness can be used later.
Common causes
- Spills and wet floors without warning signs
- Ice or water at entrances
- Loose mats, torn carpet, or uneven flooring
- Broken stairs or missing handrails
- Poor lighting
- Cluttered aisles or cords across walkways
- Potholes and cracked pavement in parking lots
How fault affects a fall case
The owner will often argue you should have seen the hazard. Arkansas’s comparative fault rule means your damages are reduced by your share of fault, and if your fault is equal to or greater than the owner’s, you recover nothing (A.C.A. § 16-64-122). Whether the hazard was easy to see is often a central question.
Deadlines and public property
Most personal injury lawsuits in Arkansas must generally be filed within three years (A.C.A. § 16-56-105). If you fell on property owned by a city, county, or the State, different rules apply, and claims can be limited by governmental immunity (A.C.A. § 21-9-301). Don’t wait to get advice.
Common questions
The store’s insurance company called me. Should I talk to them?
You can be polite, but be careful about recorded statements or signing anything before you understand your options.
I fell at a friend’s house. Is that different?
It can be. The duty an owner owes can depend on why you were on the property. My premises liability page explains more.
See also my personal injury page for how injury cases work in general.
Hurt in a fall in Northeast Arkansas?
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.