Fayetteville Premises Liability Lawyer

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When you sustain an injury on someone else’s property due to negligence, premises liability law provides a path to recover compensation for your damages. Odom Law Firm represents injury victims throughout Fayetteville and Northwest Arkansas who have been harmed by unsafe property conditions.

Our experienced personal injury attorneys in Fayetteville understand Arkansas premises liability law and know how to hold negligent property owners accountable.

Fayetteville Office 161 W. Van Asche Loop, Ste. 1
Fayetteville, AR 72703 479-442-7575

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Why Choose Odom Law Firm for Your Premises Liability Case

Since 1982, Odom Law Firm has helped injured victims recover compensation for falls, unsafe property conditions, and other premises liability cases across Fayetteville and Northwest Arkansas. With more than 100 years of personal injury experience, our attorneys deliver thorough investigation, client-focused advocacy, and personalized legal representation.

Clients and families choose our firm for premises liability claims because:

Dedicated experience in slip and fall, dangerous property, and complex premises claims.
Involvement in national and statewide co-counsel networks allows us to handle multi-party cases and unusual liability scenarios.
Proven skill negotiating with property owners, insurance companies, and large corporations.
Contingency fee basis ensures clients pay nothing unless we recover.
Free case evaluation and direct attorney communication through every step.

We fight for your rights and maximize results so you can focus on healing after a premises accident.

What Is Premises Liability?

Premises liability holds property owners accountable when someone sustains an injury on their property due to negligence. Arkansas law requires property owners to maintain their premises in a reasonably safe condition and to warn visitors of known hazards. When a property owner fails to meet this duty of care, they may be liable for injuries that result.

The foundation of any premises liability claim rests on proving four elements: the property owner owed you a duty of care, they breached that duty, your injury resulted directly from that breach, and you suffered damages. Arkansas follows a modified comparative negligence standard, meaning you can recover compensation even if you were partially at fault—as long as you were not more than 50% responsible for your injury.

Under Arkansas law, you have three years from the date of your injury to file a premises liability lawsuit. This statute of limitations is critical; waiting too long can eliminate your right to pursue compensation entirely. Contact Odom Law Firm immediately after your injury to protect your legal rights.

Common Types of Premises Liability Accidents in Fayetteville

Property owners in Fayetteville face liability for numerous types of accidents. Understanding which scenarios apply to your situation helps establish negligence and strengthens your claim.

Slip and Fall Accidents occur in retail stores, restaurants, grocery stores, sidewalks, parking lots, and stairwells. Wet floors, debris, uneven surfaces, and poor lighting create hazardous conditions that cause thousands of injuries annually. These accidents frequently result in fractures, head injuries, and spinal damage. If you’ve experienced a slip and fall injury, our Fayetteville slip and fall attorneys can evaluate your claim and help you recover compensation.

Inadequate Security Incidents involve assaults, robberies, or other crimes that occur because property owners failed to provide reasonable security measures. Shopping centers, apartment complexes, and hotels have a duty to protect visitors from foreseeable criminal acts. Inadequate lighting, broken locks, and absent security personnel can establish negligence in these premises liability cases.

Swimming Pool Accidents fall under the attractive nuisance doctrine in Arkansas. Property owners with pools must secure them adequately to prevent unauthorized access, particularly by children. Drowning, near-drowning, and diving injuries frequently result from inadequate pool maintenance, supervision, or fencing.

Structural Defects and Maintenance Failures include broken railings, collapsing floors, faulty elevators, and deteriorating building conditions. Property owners must inspect their premises regularly and repair dangerous conditions promptly. Deferred maintenance creates liability when injuries result from these property owner negligence situations.

Stairwell and Escalator Injuries occur when stairs lack proper handrails, have uneven steps, or when escalators malfunction. These injuries often result in fractures, spinal injuries, and head trauma. Building code violations frequently establish negligence in these cases.

Dog Bites on Someone’s Property can constitute premises liability if the owner knew the dog was dangerous or failed to restrain it properly. Arkansas law holds property owners responsible for injuries caused by animals they knew posed a danger. Our Fayetteville dog bite attorneys understand the complexities of these claims and can help you pursue full compensation.

Why Property Owners Owe You a Duty of Care

Arkansas law recognizes three categories of people who may be on a property: trespassers, licensees, and invitees. The duty of care a property owner owes depends on which category applies to you.

Trespassers are individuals on the property without permission. Property owners owe trespassers minimal duty—generally only to refrain from willfully or wantonly injuring them. However, property owners cannot set traps or use force against trespassers.

Licensees are people on the property with permission, but for their own purposes, such as social guests. Property owners must warn licensees of known hazards and refrain from willfully injuring them, but they have no duty to inspect the property or make it safe for licensees’ benefit.

Invitees are people invited onto the property for business purposes, such as customers in a store or patients in a medical office. Property owners owe invitees the highest duty of care: they must inspect the premises regularly, discover hazards, warn of known dangers, and take reasonable steps to remedy unsafe conditions. Most premises liability lawsuits involve invitees because property owners owe them the greatest duty.

Private property owners may face liability for gross negligence or willful misconduct. Governmental entities in Arkansas are generally immune from premises liability claims, with very limited exceptions governed by state constitutional provisions and statutory waivers of immunity.

How Odom Law Firm Proves Property Owner Negligence

Establishing negligence requires more than showing you were injured on someone’s property. Our attorneys conduct thorough investigations to gather evidence demonstrating the property owner’s breach of duty.

Thorough Case Investigation begins immediately after you hire us. We preserve evidence, photograph hazardous conditions, obtain surveillance footage, and document the scene before conditions change or evidence disappears. Time is critical—property owners often repair dangerous conditions or destroy evidence after learning of an injury. Our founding attorney’s background as an insurance adjuster provides valuable experience in how insurance companies evaluate premises liability claims and what evidence they require.

Expert Witness Coordination strengthens your case significantly. We work with engineers, architects, safety experts, and medical professionals who testify about industry standards, the foreseeability of the hazard, and the severity of your injuries. These experts establish that the property owner knew or should have known about the dangerous condition.

Documentation of Hazardous Conditions includes photographs, videos, maintenance records, prior incident reports, and witness statements. We obtain records showing whether the property owner had notice of the dangerous condition—either actual notice (they knew about it) or constructive notice (they should have known through reasonable inspection).

Proving Notice of Dangerous Condition is essential to your premises liability claim. We investigate how long the hazard existed, whether the property owner had received complaints, and whether a reasonable inspection would have revealed the danger. For example, in slip and fall cases, we determine whether the spill had been on the floor long enough that the property owner should have discovered and cleaned it.

Demonstrating Failure to Warn or Remedy shows the property owner’s negligence. Even if they knew about a hazard, they may have failed to place warning signs, cordon off the area, or repair the condition. This failure to take reasonable action constitutes a breach of duty and strengthens your premises liability case.

Recovering Compensation for Your Premises Liability Injury

Arkansas law recognizes three categories of people who may be on a property: trespassers, licensees, and invitees. The duty of care a property owner owes depends on which category applies to you.

Frequently Asked Questions About Premises Liability in Fayetteville

What should I do immediately after being injured on someone's property?

Seek medical attention first, even if your injury seems minor. Document everything: take photographs of the hazardous condition, the scene, and your injuries. Obtain contact information from witnesses. Report the incident to the property owner or manager and request a written incident report. Preserve your clothing and shoes as evidence. Avoid discussing fault or signing any documents without legal review. Contact Odom Law Firm as soon as possible—the sooner we begin our investigation, the better we can preserve evidence and strengthen your premises liability claim.

How long do I have to file a premises liability claim in Arkansas?

Arkansas law provides a three-year statute of limitations for premises liability claims. This means you must file your lawsuit within three years of your injury date. However, certain circumstances may extend or shorten this deadline. Contact us immediately to ensure your claim is filed timely and to discuss any potential exceptions that may apply to your situation.

Can I still recover if I was partially at fault for my injury?

Yes. Arkansas follows a modified comparative negligence standard. You can recover compensation even if you were partially responsible for your injury, as long as you were not more than 50% at fault. For example, if you were 30% at fault and the property owner was 70% at fault, you can recover 70% of your damages. Our attorneys investigate thoroughly to minimize any comparative fault assigned to you and maximize your recovery.

What is the difference between a licensee and an invitee?

A licensee is someone on the property with permission, but for their own purposes, such as a social guest. A property owner owes licensees a duty to warn of known hazards, but has no duty to inspect or make the property safe. An invitee is someone invited onto the property for business purposes, such as a customer in a store. Property owners owe the highest duty of care, including regular inspection, discovery of hazards, warning of dangers, and taking reasonable steps to remedy unsafe conditions. Your status as a licensee or invitee affects the strength of your premises liability claim.

How much is my premises liability case worth?

Your case’s value depends on multiple factors: the severity of your injury, medical expenses incurred and projected, lost wages, pain and suffering, permanent disability, and the strength of liability evidence. Minor injuries with clear liability may settle for thousands; catastrophic injuries with strong evidence may be worth hundreds of thousands or more. We evaluate all factors and provide a realistic assessment during your free consultation.

Do liability waivers prevent me from recovering compensation?

Not necessarily. While property owners sometimes require visitors to sign liability waivers, these documents do not always protect them from premises liability claims. Waivers cannot shield property owners from liability for gross negligence, willful misconduct, or violations of public policy. Odom Law Firm successfully recovered $100,000 for a client who broke their foot at a trampoline park despite signing a liability waiver. We evaluate whether a waiver applies to your situation and pursue compensation even when waivers exist.

Get Your Free Personal Injury Consultation Today

If you’ve been injured due to someone else’s negligence, don’t wait to seek legal representation. Odom Law Firm offers free consultations with no obligation. We discuss your case and explain your legal options. Our experienced attorneys are ready to fight for the compensation you deserve. We work on a contingency basis. You pay nothing unless we recover money for you. Contact us today by calling 479-442-7575 or filling out our online contact form. Our team has the expertise and dedication to handle your personal injury claim.

Testimonials

This Law firm and Mr. Mathew Lindsey FOUGHT for 8 plus years to win a malpractice lawsuit against Washington Regional of Fayetteville, Ar for the death of my mother. When the defence threatened a witness of ours, the case wase soon finished. The first successful malpractice lawsuit against Washington Regional of Fayetteville in a long time. The money i recieved has gone and will go to great use. Without these folks i would have nothing, and i would live in poverty. GOD BLESS EVERYONE at the Odom Law firm.

Druid Jackson, Google Review

Amazing experience. Once Monte Sharits took over my case, I no longer had to speak to the insurance company which had been a real headache for me. I immediately was able to get treatment through a trusted chiropractor which helped tremendously after my accident. Monte and Liz Davis were always extremely helpful with providing any updates throughout the case. Although I do not wish an accident upon anyone, I would highly recommend Monte Sharits and all the staff at Odum Law Firm if you ever find yourself in a situation where you need a trusted attorney who will be committed 110% on your case.

Jose Acosta, Google Review

Monte Is the best! Very professional, responsive and knowledgeable. Highly recommend.

Suzette Thomas, Google Review

Exceptional law firm! These guys really take care of you. My attorney Alan and paralegal Ashley were a pleasure to work with and I wouldn’t hesitate to use their services again!

Scott Byers, Google Review

Matt Lindsey and Ashley Rodriguez were great! Quick to respond to my questions and needs. Matt explained what would take place and how we would proceed. First time I’ve needed an attorney for anything besides a divorce. I’m very pleased!

vickie warburton, Google Review

I was involved in an accident in June 2021. Soon after, I chose Odom Law Firm/Matt Lindsay to represent me. From the very beginning he was honest, available when needed, answered all of my questions, etc. He fought for every penny on 3rd party settlement and I ended up receiving more than what we had originally thought.

Scott Pitts, Google Review

Five stars! Ten out of ten! I highly recommend and am thoroughly impressed with Odom Law Firm! After I was rear ended by another car, I could barely turn, raise, or lower my head from the whiplash. Odom Law Firm is very experienced and knowledgeable with car accident injuries and was very thorough with my case…

Sean Lucero, Google Review

These guys and gals are experienced and have my 5 Star ⭐⭐⭐⭐⭐ vote.. thank you Odom for all that you do 👍👍

Tony Smith, Google Review

Odom Law Firm is a great place and the people are just amazing . I will definitely use them again if need to. Thank you Conrad and Angela

Bobette barnett, Google Review

Great people! Made me feel right at home. I enjoyed meeting all the ones there that I have communicated with. I highly recommend them. They are actually concerned about the welfare of their clients and encourage us to see a professional to talk to about things that we (I) have been through and have CPTSD from. I appreciate that!

Phyllis Thompson, Google Review

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