Tennessee Premises Liability Attorney

The Terry Law Firm has been representing injured clients in Hamblen, Greene, and Hawkins counties and throughout East Tennessee for over five decades. Our expert Tennessee premises liability attorneys have the experience and the resources to build a strong case for full compensation for your injuries.

Contact us online or call The Terry Law Firm for a free consultation, our lawyers can explain your legal rights and options.

What Is Premises Liability in Tennessee?

Premises liability is an area of personal injury law that deals with harm caused by unsafe or defective property conditions. Those who own, occupy, or lease property in Tennessee have a legal duty to use reasonable care to prevent injuries to people visiting the property.

This duty is not absolute, however. A property owner or operator is not obligated to guarantee a guest’s safety. Their liability for a guest’s injury is dependent upon whether they were negligent in maintaining the property.

Common situations that give rise to premises liability claims include:

Because premises liability law encompasses such a wide range of accidents, the injuries that clients suffer can vary greatly, from bumps and bruises to broken bones to head trauma to back injuries and even death.

If you believe you may have a premises liability claim, do not wait to speak with an attorney. Tennessee’s short statute of limitations, or time limit, on these types of claims makes it crucial to receive competent and timely legal advice. Your choice in legal representation matters. Schedule a free case review today with a knowledgeable Tennessee premises liability lawyer from The Terry Law Firm.

Proving a Premises Liability Claim in Tennessee

The mere fact that an injury occurred on private property does not mean the owner is legally responsible. To successfully bring a premises liability claim against a property owner in Tennessee, the injured guest must establish the following:

• The person who owns, occupies, or leases the property was negligent in the use of the property.
• The guest suffered harm while on the premises due to the owner’s negligence.
• The guest’s negligence contributed to the injury less than the owner’s negligence.

Further elaboration on each of these aspects is provided below.

Duty of Care and Negligence

The owner, occupier, or leasor of a property has a duty to use ordinary care, defined as the care that an ordinarily careful person would use to avoid injury to themselves or others under the same or similar circumstances. Failure to use ordinary care is negligence.

However, the degree of the duty of care that the owner or manager owes the property guest depends on whether the guest is an invitee, a licensee, or an illegal trespasser.

• An invitee is somebody who enters the property to conduct business, or for some other activity that is mutually beneficial to both parties. Visitors to stores and restaurants, as well as workers, are considered invitees.
• A licensee is someone with the explicit or implicit consent of the owner to access the property, typically social guests like friends and family, are examples of licensees.
• A trespasser does not have permission to enter the property.

A property owner owes each type of guest a certain duty of care. Under most circumstances, an invitee is owed a greater duty of care than a licensee, while a trespasser is owed no duty of care. One possible exception is children who trespass on the property and may be harmed by a dangerous condition (such as an unfenced swimming pool).

Injury Caused by Dangerous Condition

Practically speaking, a property owner’s duty of care means ensuring the property is free of dangers or defects that could be reasonably expected to cause harm to others. Numerous safety hazards potentially fall under premises liability law, such as:

• Improper safety measures, like lack of signage or security guards
• Indoor and outdoor surfaces that are made slippery by water, ice, or spills (leading to a slip and fall)
• Insufficient lighting in parking areas.
• Lack of gating around swimming pools
• Uneven walkways

Establishing property owner liability also requires showing that he or she had actual or constructive knowledge of the defect.

• Actual knowledge of a defect is direct and clear knowledge that a dangerous condition exists. For example, if an owner observed a tripping hazard on the property, or was previously told about the hazard, and did nothing, he or she could be held liable for any injuries that result from the hazard.
• Constructive knowledge is based on the concept that the owner should have known a defect existed through the exercise of reasonable care. A guest may prove that a property owner had constructive notice of a dangerous condition by showing a pattern of conduct, a recurring incident, or a general or continuing condition.

Tennessee and Comparative Fault

According to Tennessee’s comparative negligence law, plaintiffs may recover damages for premises liability so long as their negligence remains less than the defendant’s negligence. This is known as the “50 percent rule.”

In other words, you can still recover money for injuries if you are less than 50 percent at fault for your own accident. If you are 50 percent or more at fault for the accident, you may be unable to recover damages.

In cases where the plaintiff is found to be partially liable for his or her injuries — but no more than 49 percent — the damage award is reduced in proportion to his or her fault. For example, if a plaintiff slips and falls on a defendant’s property but is found to be 25 percent at fault, the damages award would be reduced by 25 percent. So if $100,000 in damages was awarded, that would be reduced by 25 percent to $75,000.

An injured person may be found at fault — in part or in full — for his or her injuries due to being intoxicated, texting and not paying attention, entering a restricted area, wearing inappropriate footwear, or other actions. At the same time, comparative negligence can be used as a defense strategy to mitigate an owner’s liability in cases of guest injury, although it may not always be valid.

We Understand the Responsibilities of Tennessee Property Owners and Managers

The many factors that affect premises liability underscore the importance of seeking experienced legal help after an accident. At The Terry Law Firm, our Tennessee personal injury lawyers have a deep understanding of premises liability based on more than 50 years of practice. We will investigate your case and aggressively fight for compensation from all possible parties. Our case results include several large verdicts and settlements for victims of premises liability.

Premises Liability and Crime Victims in Tennessee

Although premises liability claims usually deal with an owner’s negligence for unintentional injuries that occur on their property, a claim may also be brought against a property owner when somebody is the victim of a crime — such as assault, murder, robbery, or rape — on the premises.

Property owners generally have a duty to take reasonable measures to protect their customers from foreseeable criminal acts. In determining the reasonable foreseeability of crimes on their premises, owners should take into account the general crime rate and previous instances of similar crimes on or near the property. The courts, however, also consider whether increased security would pose an onerous burden — economic or otherwise — upon the owner.

If you are the victim of a crime on somebody else’s property, the property owner could potentially be held legally responsible for a lack of security measures, which may consist of:

As with other types of premises liability claims, several factors come into play when determining fault, including the foreseeability of the incident, the guest’s status, and the victim’s own degree of negligence.

Sometimes, property owners take steps to safeguard their guests in areas with a high crime rate, such as hiring a security company. In this case, a negligent security company might be liable for crimes that occur on the property.

Crime victims who are able to prove a premises liability claim may be entitled to damages that include medical bills, lost wages, and pain and suffering. Note that a civil case for premises liability is handled separately from a criminal case against the crime’s perpetrator.

Premises Liability Statute of Limitations in Tennessee

Tennessee premises liability injury claims must be filed within one year after the incident occurred. Premises liability wrongful death claims also have a one-year statute of limitations, but the clock starts ticking when the death occurs — not when the accident occurs.

A premises liability victim who does not file a claim within one year may be unable to seek compensation of any kind. At The Terry Law Firm, we recommend talking to a knowledgeable premises liability attorney as soon as possible. The longer you wait to seek legal help, the more difficult it will be to secure critical evidence and build a strong case.

How Our Premises Liability Lawyers in Tennessee Can Help

Were you injured on somebody else’s property? You may be hesitant to file a lawsuit, especially if you know the property owner. Keep in mind, though, that you will be making a claim against their insurance company — not against the individual. Property owners have liability insurance to protect them from injuries sustained by visitors.

You should not be forced to pay out of pocket for an injury that wasn’t your fault. Medical bills and lost wages can add up quickly, leaving you no other option than filing a premises liability claim. But dealing with an insurance company can add to your difficulties. The insurance adjuster might offer a low settlement, deny your claim, or draw out the claim beyond the statute of limitations, leaving you with little or no legal options.

The Terry Law Firm is prepared to help you aggressively fight for the compensation you need to make a fast and full recovery. Since 1960, our law firm has been dedicated to defending the injured. We offer legal services for car accidents, truck accidents, product liability, social security, and much more. We offer a combination of vigorous advocacy, compassionate service, personal attention, and strong case results. As a small-town firm with big-city know-how, we take the time to truly understand you and your case and devise a unique legal plan.

To speak with a trusted premises liability lawyer in Tennessee, call us or send us a message online.