Who Is Liable for an Accident on an Easement in Arkansas?

When an accident occurs on a shared driveway or a right-of-way, many people wonder, “Who is liable for an accident on an easement in Arkansas?” The answer can be complicated because comprehending Arkansas state laws regarding easements is difficult for many. If you or someone you know has been injured in an accident on an easement, a premises liability attorney can help.

What Is an Easement?

It is important to understand the definition of an easement under Arkansas law. An easement is the legal right to use someone else’s property to enter or use someone else’s land for some other purpose. The key point is that someone else owns the easement, but they let other people use it.

An example of easements in Arkansas is right-of-way. The Right of Way Division of the Arkansas Department of Transportation is responsible for managing rights-of-way. They maintain the construction and maintenance of all highways within the state, like Interstate 40, or I-40. They play an important role in maintaining safe conditions for the 40 billion miles of vehicle travel each year on highways, streets, and roads throughout the state.

Potential Liability for an Accident on an Easement

There are a couple of different answers for who might be liable for an accident that occurs on an easement. The easement holder is one option. An example of this would be a utility company that uses the easement to access utility equipment or hardware on someone else’s property.

The easement holder is responsible for maintaining the space that they use, including removing debris or repairing unsafe conditions. If someone gets in an accident because they failed to do this, they could be liable.

Another option for liability is the servient estate owner. This is the actual owner of the land. They are considered to be burdened by the easement if someone else uses it and it is their property.

Servient estate owners also have a duty not to interfere with the safe use of the easement by others, even if they are not using it themselves. If they block the use of or create hazardous conditions for those who use the easement, they could be liable.

Both parties could potentially be held responsible if both the landowner, or servient estate owner, and the easement holder had a part in making the easement unsafe. If both parties shared responsibility for maintenance and, therefore, contributed to an accident, then both can be held liable.

Arkansas Easement Relocation Law

The recently passed Arkansas statute, referred to as the Uniform Easement Relocation Act of 2023, allows for the relocation of an easement to be court-ordered without the consent of the easement holder. This can be done for the greater good of development and flexibility in the use of the easement. However, it does not change anything to do with liability for an accident that occurs on an easement.

Who Is Liable for an Accident on an Easement in Arkansas?

To determine liability in a premises liability case, the court applies the laws to the circumstances of each unique situation. If, for instance, someone tripped and fell on an easement due to disheveled cement in a driveway, a premises liability claim may be filed. Arkansas premises liability laws would then determine if the landowner or the easement holder owed a duty to maintain safe use of the easement.

You should hire a premises liability lawyer if you are questioning the liability for an accident that occurred on an easement.

An attorney can help you answer the following questions to determine liability:

• Who controls the easement?
• Are there obligations of maintenance?
• Were there warning signs of hazardous conditions?
• Did someone’s negligent attention contribute to the accident/injury?

When to Hire a Premises Liability Lawyer

If you were injured on an easement, and the easement holder and the landowner are in dispute over the liability of the accident, speaking to a premises liability attorney is a good idea. If you’re unsure who is actually liable for your injury, a personal injury attorney can help investigate the facts and ask the right questions to determine who owed the duty of care to keep you safe on the easement.

If the liability of another party is found in your case, you may have a valid premises liability claim. You can optimize your case and increase the odds of getting a fair settlement with the assistance of a qualified premises liability attorney who is familiar with Arkansas premises liability laws.

Why Choose Us?

The Law Office of Geoffrey D. Kearney, PLLC, is a law firm vested in the traditions and communities of Arkansas. We have a deep understanding of Arkansas premises liability laws, personal injury laws, and other specific state property laws. This gives us thorough experience with representing premises liability cases in Arkansas.

FAQs

Who Is Liable if Someone Gets Hurt on an Easement?

If someone gets hurt, easement liability could be on the easement holder or the landowner, also called the servient party, or they both could be held liable for the accident. Each unique case is different, as easements are used in a variety of different capacities, and the relationships between involved parties are slightly different in each instance. Ultimately, liability depends on who uses the easement or maintains the area.

Who Is Responsible for Easement Maintenance in Arkansas?

In Arkansas, responsibility for easement maintenance varies from one situation to another. The easement holder is usually responsible for maintaining the land as necessary for their safe use. However, the servient landowner is also responsible for keeping the easement free of debris or other hazards that limit its use by the easement holder. If both parties show negligence in caring for the easement, they can both be held liable.

What Is the Easement Law in Arkansas?

Under Arkansas property law, an easement permits the use of land by one party that is owned by a separate party. The responsibility for care and maintenance and use of the land is attached to whoever holds that right. Both the landowner and the easement holder have certain obligations to maintain safe use of the property and not create hazardous conditions or interfere with the other party’s use of the land.

What Are the Rules Around Easements?

The rules around easements in Arkansas define standard regulations for different types of easements, including appurtenant easements, gross easements, and conservation easements. Depending on the type of easement and the type of use, there are specific conditions for each. A recent Arizona statute updated an allowance for the relocation of an easement without the consent of the easement holder. However, this does not affect responsibilities for the maintenance or safe use of an easement.

Consult With a Knowledgeable Arkansas Premises Liability Lawyer

Have a question regarding premises liability on an easement? Speaking to a personal injury attorney is the quickest way to get your question answered. The Law Office of Geoffrey D. Kearney, PLLC, is knowledgeable on such laws and has experience representing premises liability cases. Contact us and speak to a member of our legal team about your specific circumstances today.