Injured on a Property in Tennessee?
In Tennessee, property owners and managers are obligated to keep their premises safe for visitors. Failing to address a foreseeable hazard that could harm others may serve as grounds for a premises liability lawsuit if someone is injured while on another person's property.
At Pete Olson Injury Law, we understand the complexities of premises liability claims and can fight to get you the compensation you deserve. If you were injured on someone else’s property due to negligence, do not hesitate to GET PETE! to help with your case.
Types of Premises Liability Claims
Premises liability laws in Tennessee hold property owners responsible for injuries sustained on their premises because of negligence or unsafe conditions. Premises liability claims include a broad range of accidents and incidents, such as:
- Slip and fall accidents. Slip and fall accidents can happen if an individual trips, slips, or falls due to unsafe conditions such as slippery floors, uneven floors, or debris. Property owners must keep their premises safe and warn visitors of potential dangers. Failing to do so can result in liability for injuries individuals suffer on their property.
- Dog bites. Dog bite incidents fall under premises liability when they occur on someone's property. According to Tenn. Code Ann. § 44-8-413, it is the duty of dog owners to manage their pets and ensure they do not pose a threat to others. If a dog bite occurs because of an owner's negligence or failure to restrain the animal, they may be held liable for resulting injuries.
- Swimming pool accidents. Property owners with swimming pools must take appropriate precautions to prevent accidents such as drownings, slips, falls, or diving injuries. This includes installing fences, securing gates, providing warning signs, and maintaining proper supervision. Failure to implement these safety measures can lead to premises liability claims if an accident occurs on the property.
- Inadequate maintenance. Property owners have a duty to keep their premises in a reasonably safe condition. This includes addressing issues such as broken stairs, faulty handrails, malfunctioning elevators, and other maintenance-related hazards. If they fail to maintain the property, they can be responsible for injuries caused by these unsafe conditions.
Negligent Security
In addition to the types of premises liability mentioned above, negligent security is another concern. Negligent security refers to situations where property owners fail to employ adequate security measures, leading to foreseeable harm to visitors or tenants. This can occur in various settings, including apartment complexes, parking lots, shopping centers, and hotels.
Examples of negligent security may include:
- Insufficient lighting. Areas of a property that are poorly lit can increase the risk of criminal activity such as assaults, robberies, or carjackings. Property owners have a duty to ensure adequate lighting is installed to deter criminal behavior and enhance the safety of visitors.
- Lack of surveillance cameras. The use of surveillance cameras can deter criminal activity and provide essential evidence if you’re hurt. An owner of a property may be considered negligent if they fail to install or maintain surveillance cameras in areas with security risks.
- Failure to hire security personnel. In specific high-risk locations, such as nightclubs or concert venues, property owners may have a duty to hire security personnel to maintain order and ensure the safety of patrons. Failure to have proper security can constitute negligence if foreseeable harm occurs as a result.
- Broken or inadequate locks. Properly securing doors, windows, and other entry points is essential to prevent unauthorized access and intrusions. Property owners may be responsible for damages if they fail to repair broken locks or provide adequate security measures to protect occupants.
Recovering Premises Liability or Negligent Security Damages
In cases of premises liability or negligent security, injured parties may be entitled to various forms of compensation for their damages, such as the following:
- Medical expenses. This includes the cost of medical treatment, rehabilitation, and any ongoing care required because of the injuries sustained.
- Lost income. If the injuries cause you to miss work or result in a loss of earning capacity, you may be entitled to compensation for lost wages and future income.
- Pain and suffering. You may receive compensation for physical pain, emotional distress, and mental trauma caused by the incident.
- Property damage. In cases where your personal property is damaged or lost due to negligent security, you may be reimbursed for the cost of repair or replacement.
Determining Liability for Negligent Security
To effectively pursue a premises liability claim against a property owner in Tennessee, the injured party will need to prove that they were legally on the property and demonstrate the following elements:
- Duty of care. The property owner owed a duty of care to the injured party to maintain reasonably safe premises and implement adequate security measures.
- Breach of duty. The property owner failed to fulfill their duty of care by either implementing inadequate security measures or failing to address known security risks.
- Causation. The breach of duty of care directly caused or contributed to the victim's injuries. The harm suffered must have been foreseeable, given the circumstances.
- Damages. The victim suffered actual harm or damages due to the property owner's negligence, such as physical injuries, emotional distress, or financial losses.
How a Lawyer Can Help
If you have been injured due to negligent security, seeking the assistance of a skilled Clarksville premises liability attorney can be crucial in pursuing compensation for your damages. A lawyer can review the incident's circumstances, assess liability, and determine the strength of your claim. In addition, they can do the following to help with your claim:
- Gather evidence. An attorney can gather vital evidence such as surveillance footage, witness statements, police reports, and expert testimony to support your claim.
- Negotiate with insurance companies. It is common for insurance companies to try to minimize payouts or deny claims altogether. A lawyer can negotiate with insurers on your behalf to seek a fair settlement to compensate you for your injuries and losses.
- Court representation. If a settlement cannot be reached with the insurance company, your lawyer can file a lawsuit and represent you in court. They will advocate for your rights and work to secure the maximum compensation available under the law.
- Navigate legal proceedings. The legal process can be overwhelming and confusing, especially for those unfamiliar with the law. An experienced lawyer can guide you through each step of the process, ensuring your rights are protected and you understand your options.
Tennessee Statute of Limitations
In Tennessee, the statute of limitations for filing premises liability injury claims is one year from the date of the incident. Failing to file within this time frame may result in an inability to seek compensation. Seeking prompt legal assistance from our skilled Clarksville premises liability lawyers is advised to meet this deadline and build a robust case.