Property owners in Hot Springs and throughout Arkansas owe a duty of care to visitors, which includes the responsibility to keep their premises reasonably free of hazards. When hotel owners fail to maintain their property and cause a guest to suffer injury, the victim has the right to pursue what is known as a premises liability lawsuit. These claims are designed to hold the negligent owner (or another party, like a property manager) liable for the personal, financial, and other losses victims suffer. With Rochelle McCullough LLP by your side, you can make the strongest possible claim for the maximum amount of damages.

What Is Premises Liability?

The person or company who owns, occupies, or manages a property in Hot Springs must do so in a way that protects guests and visitors from unreasonable dangers. For instance, the owner of a hotel or resort near Hot Springs National Park must ensure that damage to the property is remedied so that guests don’t get hurt. These establishments may also be responsible for maintaining adequate security to prevent injuries and fatalities. This duty is known broadly as premises liability under Arkansas law.

The degree of liability is typically related to what the owner knew, or should reasonably have known, about the hazard. The owner cannot turn a blind eye to reasonably discoverable conditions that may cause injury. Once the danger is either known or should have been known, the actions taken (or not) to fix the problem or warn others about it will also be relevant. The victim will therefore want to work with an attorney to gather evidence related to:

• What the owner knew or should have known about the danger
• What the owner did or did not do about the danger
• Whether the owner warned visitors or guests about the danger
• Anything else related to negligence on the owner’s part

Suing a Hot Springs Hotel For a Slip and Fall

A slip and fall accident is one specific subset of premises liability lawsuits and a fairly common one in Arkansas’ tourism-heavy areas. Any type of property can be susceptible to a slip and fall accident, including hotels. If substances are spilled into areas where there is foot traffic—for instance, the hotel, restaurant, or spa areas—the owner or manager should take steps to rope off the area, place a warning sign, and then clean up the spill. Often, this does not happen, providing a possible avenue for the victim to sue.

In a premises liability case, the courts commonly distinguish among three types of victims:

• Invitee: This is someone who is on the property for the benefit of the owner, like a hotel guest.
• Licensee: A licensee is an individual who is allowed to be on the property but whose presence doesn’t directly benefit the owner, like someone stopping in the hotel to use the restroom.
• Trespasser: A trespasser has no right to be on the property or a specific area of the property, such as the kitchen at a hotel.

The category that applies to the victim may determine the nature of the duty that the property owner owes to him or her. Invitees are owed the greatest duty, for instance, and the hotel owner or management may be required to regularly inspect the property to prevent slips and falls. Your attorney can review the facts of your injury, determine what the owner’s duty was to you, and then get to work building a case. You may be eligible for such damages as:

• Medical bills
• Lost income
• Lost income-earning ability
• Pain and suffering
• Disability

Fighting For the Damages You Deserve

If you’ve slipped and fallen at a Hot Springs hotel, get medical attention right away. Then, speak with our legal team. It may be possible to settle your claim out of court with the hotel owner’s insurance company; if not, we can take your case in front of a jury and seek the damages you need to recover. Remember that Arkansas has a three-year statute of limitations for premises liability cases, so don’t delay in contacting Rochelle McCullough LLP today.