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Jurisdictional concerns lead to lawsuit’s dismissal

| Apr 22, 2019 | slip & fall accidents

Most may think that the resolution of premises liability litigation in Rome would be fairly straightforward: one slips and falls, sues the owner of the property the accident occurs, and the matter is handled from their. Yet personal injury cases are rarely they simple, and can often involve complexities that may challenge even the most experienced attorneys. A failure to recognize those complexities could seriously hinder one’s chances at succeeding with their civil action.

An Arkansas woman is currently having to learn this lesson the hard way. She slipped and fell while attending an event at a sporting goods store in Louisiana, breaking her arm in the process. She subsequently sued the store, yet chose to do so in an Arkansas court. Her claim was that even though the store was located in Louisiana, the fact that it advertised its events in Arkansas places it under the purview of Arkansas state courts. A local court disagreed with her claim and dismissed her lawsuit for lack of personal jurisdiction, She then took the case to the Arkansas State Supreme Court, which ultimately upheld the lower court’s ruling.

One might question why the woman would not simply commence her legal action in the state where her accident occurred. While her reasons were not reported, one might wonder whether it was for her own convenience. While that argument may be understandable, one might also think that if a person is contemplating civil action, they should do all that they can to adhere to the standards of the court rather than trying to dictate their own terms. Such advice may not be common knowledge, which is why people in similar situations may be best served seeking out the assistance of an experienced attorney.

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