Got Hurt on Someone Else's Property in Arkansas? Here's How to Tell if They Owe You Money

If you slipped, tripped, or got hurt on someone else's property, you might be wondering, is the owner responsible? The answer depends on one question: why were you there?

Arkansas Law puts people in three categories, the category you fall in determines what protection you have. Let's break it down.

First, What Does "Responsible" Even Mean?

For a property owner to owe you money, three things need to be true.

1. The owner had a legal duty to keep you safe. The law outlines different protections for different circumstances.

2. The land owner failed to abide by their duty to keep you safe. They failed to fix a dangerous condition or warn against it.

3. That failure caused your injury. The dangerous condition is what actually hurt you, ot something else.

All three have to be true. The biggest issue that lawyers fight about, is did the owner of the property owe you a duty in the first place?

There are Three Types of Visitors, Which one Are you?

1. You were not supposed to be there.

   Trespasser: If you were on someone else's property and there were signs that said no trespassing - then you are a trespassing, the law gives you the least amount of protection.

   
   

   The Property Owner owes you a duty to not intentionally hurt you.

   
   

2. You were allowed to be there, but not for a business purpose.

   Licensee: Think if you are visiting a friend's house or if you cut through a neighbor's yard to get home with permission.

   
   

   The Property Owner owes you a duty to warn you against any known dangerous conditions. They do not have a duty to inspect.

   
   

3. You were there for a business purpose.

   Invitee: If you were shopping at a store, eating at a restaurant, renting an apartment. Anytime you're on someones's property for the purpose of exchanging money for service or product, you are an invitee. This give you the most protection under the law.

   
   

   The Property owner has a duty to inspect and warn against all dangerous conditions they knew or should have known about. This is the highest duty to keep you safe.

Real Example: Getting Hurt at an Apartment Complex

Apartments are a great example of how tricky this can get. Where you were hurt inside the complex actually changes what category you fall into.

Where did you fall?

• Licensee - Inside your own unit. The owner must warn you about known hazards that existed when you moved in - but doesn't have to go looking for new ones.

• Invitee - In a common area (hallway, parking lot, laundry room). If the lease says the complex maintains that area, you have the highest protection. They must find and fix hazards.

• Trespasser - In a restricted area (like a maintenance closet marked "Employees Only"). You entered somewhere you weren't allowed - minimal protection applies.

So? Do I have a Case?

Here's the honest answer: it depends on your situation. The law has a lot of moving pieces, and the small details really matter. Where you were standing could change everything.

What we can tell you is this: if you were hurt on someones else's property and you had a right to be there, its worth making one phone call to find out. Give us a call.

One more thing worth knowing: Arkansas gives you 3 years from the date you were hurt to file a claim (Ark. Code Ann. § 16-56-105(3)), so there's no need to rush a decision, but there's also no reason to sit on it. If you're not sure which category you fall into, that's exactly the kind of question we sort out on a free call.