We Handle Premises Liability Cases in Tennessee
An unexpected accident on another person’s property can result in unaffordable medical bills, lost wages, and pain and suffering. Dog bites, slips and falls, assaults, or even electrocution incidents can lead to major injuries or death. However, you may have legal options to recover compensation for an injury or loss. Tennessee premises liability law allows accident survivors or their grieving family members to recover compensation for damages under the right circumstances.
Our Tennessee personal injury law firm can help you determine whether it would be possible to file a claim or personal injury lawsuit against a business, homeowner, personal property owner, or government entity. Myers & Ball LLP offers free consultations that can help explain your potential legal options. If you have questions, then we are happy to provide answers.
What Should I File a Premises Liability Lawsuit For in Tennessee?
There are several reasons why people file premises liability lawsuits in our state. Potential reasons for filing a lawsuit include:
- Slip and fall accidents (wet surfaces, ice on walkways, etc)
- Tripping over objects
- Negligent security (physical violence due to inadequate security)
- Electrocution accidents (uncovered wiring, no warning signs near electric hazards)
- Dog bites or attacks
Defendants in a premises liability lawsuit can include individuals, businesses or even government agencies. Depending on the situation, the person or entity who owns or maintains the property may be liable for your damages. These parties have a legal obligation to resolve dangerous conditions on their properties.
Do Property Owners Owe a Duty of Care?
Whether you can file a premises liability lawsuit depends on the circumstances. Your situation would need to meet specific criteria. The condition of the property at the time of the accident matters in a premises liability case. Whether the property owner knew about hazards is important during a case. Your actions at the time of the accident also matter.
You must also demonstrate that the property owner owed you a duty of care. In Tennessee, the property owner’s obligations vary depending on whether the plaintiff was an invitee, social guest or trespasser.
- Invitees. Property owners owe invitees a duty of care. An invitee may be on a property to conduct business or for a reason that is mutually beneficial to both parties.
- Social guest. A social guest, or social visitor, is a person who is welcome on a property, but who may not have been directly invited by the property owner.
- Trespasser. As the name implies, a trespasser is someone who is not welcome on a property. Property owners have a legal obligation to not intentionally injure a trespasser. Although a property owner is not liable for injuries or deaths involving most trespassers, he or she could be liable if the trespasser is a child. If the property somehow enticed the child to enter the premises, the property owner might be liable for damages after an accident.
If you can show the property owner owed you a duty of care and violated that duty resulting in your damages, then you may be able to pursue a successful claim for compensation.
However, Tennessee follows a comparative negligence rule. If you are 50 percent or more at fault for the accident, then you may be unable to recover compensation for your damages.
What is the Statute of Limitations for a Tennessee Premises Liability Lawsuit?
You only have a limited amount of time to file a premises liability lawsuit in Tennessee. In most cases, you have one year from the date of the accident to file a lawsuit. However, there are situations where you can toll the statute of limitations. Minors may have more time to file a lawsuit against the at-fault party.
There are additional procedural requirements for filing a claim against a government entity. Personal injury claims involving a public agency are more difficult to resolve.
Tennessee personal injury law is complex. We encourage you to reach out to us for a free consultation if you want more information on how the statute of limitations applies to your case.
Do I Need an Attorney for a Slip and Fall Lawsuit?
Certain injuries, such as those that occur during a slip and fall or animal attack, can result in millions of dollars in damages. Spinal cord injuries may require a lengthy period of rehabilitation and home modifications. Animal attacks, especially attacks that result in permanent scarring or severe disfigurement, could necessitate reconstructive surgeries. In the case of animal attacks that result in deformities or scarring, survivors may suffer severe mental anguish for the rest of their lives.
Depending on the circumstances and evidence surrounding your case, you may be able to recover monetary compensation to pay for expenses caused by your injuries.
Experienced personal injury attorneys have a vast understanding of state law, procedural requirements, and how to negotiate settlements or try a case before a jury. Many Tennessee personal injury attorneys work with medical or accident reconstruction experts that can help strengthen your claim.
Contact Our Tennessee Personal Injury Attorney for More Information
Questions about filing a premises liability claim in Tennessee? We can answer any questions you may have during a free consultation. To schedule a free consultation with our Tennessee personal injury attorney, call us at (423) 248-1023 or use the contact form on our site.