Arkansas Slip and Fall Settlement Calculator
Get a rough estimate of what a Arkansas slip-and-fall claim might be worth. Enter your medical bills and losses and answer a few plain questions — the tool weighs how provable the owner's fault is and your share of fault. This is an estimate to understand the factors, not a prediction or an offer.
This is a rough estimate, not a prediction or an offer.
Slip-and-fall claims turn on proving the property owner was at fault — there is no formula that predicts a settlement. This shows the factors and a wide range to help you understand value. Consult a Arkansas premises-liability attorney about your case.
Enter the medical bills and losses to see an estimated range
The multiplier method is a rough starting point, not a guarantee. Slip-and-fall value depends most on proving the owner's fault and on the available insurance. An attorney is the only way to value your specific claim. This tool is not legal advice and RecordingLaw.com is not a law firm.
How the Estimate Works
No tool can predict a slip-and-fall settlement. This calculator applies the multiplier method (pain and suffering as a multiple of your medical bills), then does something the thin online calculators skip: it weighs how provable the owner's fault is. A spill the staff caused or knew about is worth far more than a hazard nobody can show the owner knew about. It then estimates your own comparative fault from a few plain questions and applies Arkansas's rules.
Proving the Owner Was at Fault
Premises liability has four parts: a dangerous condition existed, the owner knew or should have known about it, they failed to fix it or warn you, and that caused your injury. The middle part — notice — is where most slip-and-fall cases are won or lost. Strong evidence (an incident report, photos of the hazard, surveillance video, cleaning and maintenance logs, prior complaints) is what turns a claim from a token offer into real money. A posted warning sign or cone works against you: it shows the owner did warn, and it makes the hazard "open and obvious," shifting fault onto you.
Arkansas Premises-Liability Rules
Open-and-obvious hazards. In Arkansas, an open-and-obvious hazard is only a comparative-fault factor (it reduces, not bars). Arkansas does NOT treat an open-and-obvious hazard as an automatic bar to a premises-liability claim. It follows Restatement (Second) of Torts § 343A: a possessor of land can still be liable for an open and obvious danger if harm to an invitee should be anticipated despite the obviousness of the condition. The leading authority is Van DeVeer v. RTJ, Inc., 81 Ark. App. 379, 101 S.W.3d 881 (2003), which rejected the view that a landowner's duty is abrogated solely because the dangerous condition was open and obvious. Arkansas has chiefly applied this exception where the invitee is, as a practical matter, forced to encounter the known danger in order to perform a job — the fact pattern in Kuykendall v. Newgent, 255 Ark. 945, 504 S.W.2d 944 (1974), where the Arkansas Supreme Court affirmed a verdict for an invitee who slipped on a delivery-entrance slope where ice and snow had accumulated, holding the landowner should have anticipated harm notwithstanding the known or obvious danger. Obviousness instead reduces recovery as a comparative-fault factor under Arkansas's modified-comparative (50%) scheme, Ark. Code Ann. § 16-64-122.
Ice and snow. Arkansas applies an ordinary reasonable-care duty to ice and snow, so a poorly-maintained walkway can support a claim. Arkansas does NOT follow the "natural accumulation" no-duty rule (the Illinois/Ohio approach). A landowner owes an invitee an ordinary duty of reasonable care that can extend to naturally accumulated ice and snow when the resulting harm is foreseeable. In Kuykendall v. Newgent, 255 Ark. 945, 504 S.W.2d 944 (1974), the Arkansas Supreme Court upheld liability where ice and snow had been allowed to accumulate at a delivery entrance for roughly twenty hours, holding the landowner should have anticipated the hazard to invitees required to use the entrance. Liability still turns on notice (actual or constructive) of the dangerous condition and on comparative fault, but there is no categorical exemption for naturally occurring winter precipitation.
Your Fault & the Deadline to File
Arkansas follows modified comparative negligence (50% bar). Your award is reduced by your share of fault, and you recover nothing once you are 50% or more at fault.
Arkansas Code Ann. § 16-64-122 is a modified comparative-fault statute with a 50% bar. Under subsection (b)(1), a claiming party whose fault is "of a lesser degree" than the defendant's recovers damages diminished in proportion to their own fault; but under (b)(2), if the claimant's fault is "equal to or greater in degree" than the fault of the party/parties from whom recovery is sought, the claimant is "not entitled to recover" anything. So recovery is barred at 50% or more (a 50% bar, not 51%). "Fault" is defined broadly to include any act, omission, conduct, risk assumed, breach of warranty, or breach of legal duty that is a proximate cause of damages. Arkansas is NOT a pure-contributory state.
Arkansas generally requires a slip-and-fall lawsuit to be filed within 3 years of the fall (the statute of limitations). General personal-injury SOL is 3 years (Ark. Code Ann. § 16-56-105), generally running from the date of injury. Notable exceptions: intentional torts (e.g., assault/battery) are 1 year under § 16-56-104; most medical-malpractice claims are 2 years from the act/omission under § 16-114-203. Tolling for minors and a discovery rule can apply in some circumstances. Source: Van DeVeer v. RTJ, Inc., 81 Ark. App. 379, 101 S.W.3d 881 (2003) (open & obvious; Restatement (Second) Torts § 343A); Kuykendall v. Newgent, 255 Ark. 945, 504 S.W.2d 944 (1974) (ice/snow, anticipated harm despite obviousness); Ark. Code Ann. § 16-56-105 (3-year PI statute of limitations); Ark. Code Ann. § 16-64-122 (modified comparative fault, 50% bar); Ark. Code Ann. § 21-9-301 (municipal/political-subdivision tort immunity, waived to extent of insurance); Ark. Code Ann. § 19-10-204 (Arkansas State Claims Commission jurisdiction over claims barred by sovereign immunity).
- Open-and-obvious is NOT a bar in Arkansas: under Van DeVeer v. RTJ, Inc. (Ark. App. 2003), adopting Restatement (Second) of Torts § 343A, a landowner can still be liable for an obvious hazard if harm to an invitee should be anticipated. Arkansas most often applies this where the invitee is, as a practical matter, forced to encounter the danger to do a job. Obviousness is weighed as comparative fault.
- No natural-accumulation immunity: Kuykendall v. Newgent (Ark. 1974) imposed liability for ice/snow allowed to accumulate ~20 hours at an entrance, so naturally occurring winter hazards can still create liability where notice and foreseeability exist.
- Recovery is governed by modified comparative fault with a 50% bar (Ark. Code Ann. § 16-64-122): a claimant whose fault is equal to or greater than the defendant's recovers nothing; otherwise damages are reduced by the claimant's percentage of fault.
- The personal-injury statute of limitations is 3 years (Ark. Code Ann. § 16-56-105), including most slip-and-fall claims.
- Suing the government is procedurally distinct: the State can only be pursued through the Arkansas State Claims Commission (sovereign immunity, Ark. Const. art. 5 § 20; Ark. Code Ann. § 19-10-204), and cities/counties are immune under Ark. Code Ann. § 21-9-301 except to the extent of liability insurance. There is no statewide short notice-of-claim deadline; the 3-year SOL applies, but check any local ordinance procedures.
Frequently Asked Questions
How much is my Arkansas slip and fall claim worth?
No one can tell you a number in advance, and slip-and-fall is harder than a car accident because you must prove the owner was at fault. A rough estimate adds your economic damages and a pain-and-suffering multiplier, discounts it by how provable the owner's fault is, and reduces it for your share of fault under Arkansas's modified comparative negligence (50% bar) rule. The available insurance also caps recovery — an attorney is the only way to value your specific case.
Does a "wet floor" sign hurt my Arkansas claim?
Yes, usually. A posted warning shows the owner satisfied part of their duty to warn and makes the hazard "open and obvious," which shifts fault onto you. In Arkansas, an open-and-obvious hazard is only a comparative-fault factor (it reduces, not bars). It reduces — and sometimes defeats — a claim, but not always (a hidden or inadequate sign may not help the owner).
Can I sue for a fall on ice or snow in Arkansas?
Arkansas applies an ordinary reasonable-care duty to ice and snow, so a poorly-maintained or unaddressed icy walkway can support a claim, subject to your own comparative fault. This is general information, not legal advice — consult a Arkansas attorney.
How long do I have to file in Arkansas?
Generally 3 years from the fall. General personal-injury SOL is 3 years (Ark. Code Ann. § 16-56-105), generally running from the date of injury. Notable exceptions: intentional torts (e.g., assault/battery) are 1 year under § 16-56-104; most medical-malpractice claims are 2 years from the act/omission under § 16-114-203. Tolling for minors and a discovery rule can apply in some circumstances.
Is this calculator accurate?
It is a rough estimate to show the factors that drive value — not a prediction or an offer. Slip-and-fall outcomes vary enormously and depend on proving fault and on the available insurance. Treat any number here as a ballpark and consult a Arkansas attorney.
Disclaimer
This estimator is for general informational purposes only and is not legal advice or a prediction of any outcome. RecordingLaw.com is not a law firm. The value of a slip-and-fall claim can only be assessed by a licensed attorney reviewing your specific facts.