Premises Liability

Nashville Premises Liability Lawyer

Injured Due to Inadequate Security or Dangerous Premises?

In Tennessee, all property owners must keep their premises safe for visitors. This includes hotel and apartment complex owners, retail store owners, and even homeowners. Failing to keep their premises safe from foreseeable hazards or unreasonable danger could put their visitors at risk, which could ultimately result in any number of catastrophic injuries – or even death.

At Kinnard Law, our dedicated team of attorneys specializes in advocating for those who have suffered injuries due to unsafe conditions on another party's property. With a steadfast commitment to justice and a track record of successful outcomes, we are here to guide you through the complexities of premises liability law. Whether you've been harmed in a slip and fall accident, a negligent security incident, or another hazardous situation, our team is ready to provide the skilled legal representation you deserve. Trust in our experience, compassion, and unwavering advocacy as we fight to secure the compensation you need to move forward with confidence.

Ready to take action? Call (615) 933-2893 for a FREE review.

Other Types of Premises Liability Cases

Premises liability refers to the legal responsibility held by property owners or managers for injuries or damages that occur on their premises due to unsafe conditions or negligence. In Tennessee, as in other states, premises liability laws hold property owners accountable for maintaining safe conditions on their property and warning visitors about any known hazards. Common types of premises liability cases in Tennessee include:

  • Inadequate Security: Property owners may be liable for injuries resulting from criminal acts, such as assaults or robberies, if it can be demonstrated that the lack of adequate security measures contributed to the incident.
  • Slip and Fall Accidents: Slip and fall accidents often occur due to hazards like wet floors, uneven surfaces, or poorly maintained walkways. Property owners can be held liable if they fail to address such hazards or provide adequate warnings to visitors.
  • Carbon Monoxide Poisoning: Property owners may be responsible for injuries or fatalities resulting from carbon monoxide leaks if they failed to install carbon monoxide detectors or properly maintain heating systems, appliances, or other sources of carbon monoxide.
  • Dog Bites / Animal Attacks: Owners of pets or animals may be liable for injuries caused by their animals if they knew or should have known about the animal's dangerous propensities or if they failed to properly restrain or control the animal.
  • Falling Merchandise: Retailers or property owners can be held liable for injuries caused by falling merchandise if it can be shown that they failed to properly secure or maintain store displays.
  • Swimming Pool Accidents: Property owners with swimming pools are required to take reasonable precautions to prevent accidents, such as installing safety fences, providing lifeguards where necessary, and maintaining pool equipment in good condition.
  • Elevator Accidents: Property owners or managers may be liable for injuries resulting from elevator malfunctions, such as sudden stops, falls, or door-related accidents, if they fail to properly maintain or inspect the elevator equipment.

Essentially, if a property owner ignores any dangerous conditions on their premises or fails to take appropriate measures to prevent criminal activity, they could be held accountable.

Proving Premises Liability

To succeed in a premises liability lawsuit in Tennessee, you typically need to establish the following elements:

  1. Duty of Care: The property owner or manager owed a duty of care to the injured party. This duty of care varies depending on the legal status of the visitor. For example, property owners owe a higher duty of care to invitees (such as customers) compared to trespassers.
  2. Breach of Duty: The property owner breached their duty of care by either creating a hazardous condition, failing to remedy a known hazard, or failing to warn visitors about the hazard.
  3. Causation: The hazardous condition directly caused the injury or damages suffered by the plaintiff. It must be shown that the property owner's negligence was a substantial factor in causing the harm.
  4. Foreseeability: The property owner should have reasonably foreseen that their actions or inactions could result in harm to visitors. This element often ties into the concept of negligence, as property owners are expected to anticipate and address potential hazards on their premises.
  5. Actual Harm: The plaintiff must have suffered actual harm or damages as a result of the hazardous condition. This can include physical injuries, emotional distress, medical expenses, lost wages, or other measurable losses.

In cases where the property owner claims lack of knowledge about the hazardous condition, it may be necessary to demonstrate that they either knew or should have known about the hazard through reasonable inspection or prior incidents.

Remember, Tennessee follows the doctrine of comparative negligence, which means that if the plaintiff is found partially at fault for their injuries, their damages may be reduced proportionally. However, if the plaintiff is deemed more than 50% at fault, they may be barred from recovering damages altogether.

Recoverable Damages in a Tennessee Premises Liability Claim

In Tennessee premises liability cases, the damages that can be recovered may include:

  • Medical Expenses: You may be rewarded compensation for your medical bills related to the injuries sustained on the property.
  • Pain and Suffering: Victims often endure physical and emotional pain. You may be eligible to receive compensation for the suffering you have endured.
  • Lost Wages: If injuries prevent you from working or reduce your earning capacity, you may be entitled to compensation for lost wages.
  • Property Damage: If any personal property was damaged in the incident, you can seek reimbursement for repairs or replacement.
  • Rehabilitation Costs: Physical therapy and rehabilitation expenses can be significant, which can also be covered in a premises liability claim.
  • Wrongful Death: In the event that a loved one loses their life, surviving family members may be compensated for funeral expenses, loss of financial support, and the emotional toll of the loss.

Understanding the Statute of Limitations in Tennessee

In Tennessee, the statute of limitations for premises liability claims is generally one year from the date of the injury. It is essential to take action promptly, as failing to file your claim within this timeframe can result in losing your right to seek compensation.

While one year is the general rule, there may be exceptions and variations in specific cases. To ensure that you adhere to the appropriate timeline and protect your legal rights, it is vital to consult with a knowledgeable Nashville premises liability lawyer as soon as possible. Our experienced attorneys at Kinnard Law are well-versed in the intricacies of Tennessee premises liability law and will help you navigate the legal system effectively.

Discuss Your Case with Kinnard Law Today

If you have been injured on someone else’s property, you may have grounds to seek compensation. Get started by discussing the facts of your case with a Nashville premises liability lawyer at Kinnard Law. We offer free, no-obligation consultations, so you would have nothing to lose by calling us today. Our firm is ready to put our 150+ years of collective legal experience to work for you!

Verdicts & Settlements

Unmatched Dedication Has Led To Record-Setting Victories
  • $55 Million Personal Injury

    Erin Andrews awarded $55 million in nude video lawsuit against hotel, stalker.

  • $22.2 Million Medical Malpractice

    Bette Donathan was in an automobile accident in Winchester, Tennessee. She had a broken leg.

  • $15.2 Million Medical Malpractice

    Randy Kinnard and Mary Ellen Morris of Kinnard Law obtained the largest verdict in Weakley County history for their 23 year-old client.

  • $6.5 Million Medical Malpractice

    A woman went into the hospital for a tubal ligation. The doctor put a small hole in her large colon during the procedure and did not recognize it.

  • $5 Million Wrongful Death

    On October 2, 2014, a Nashville jury held a pediatric clinic and local hospital accountable for the wrongful death of 22-month-old Ryder Laurent.

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