Nashville Premises Liability Attorney

Fighting For Those Who Have Been Injured Due to Dangerous Premises in Tennessee

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 advocates 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 work to secure the compensation you need to move forward with confidence.

Call Kinnard Law today at (615) 933-2893 or contact us online to schedule a consultation with our premises liability attorney in Nashville.

Common 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 fail 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.

How to Prove Negligence in Premises Liability Cases

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 awarded compensation for your medical bills related to the injuries sustained on the property.
• Pain & 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.

Frequently Asked Questions

What is the Statute of Limitations For Premises Liability Claims in Tennessee?

In Tennessee, the statute of limitations for premises liability claims is generally one year from the date of 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.

Because evidence can disappear quickly, contacting a lawyer soon after an incident on someone else's property also allows us to preserve crucial proof before it is lost. We may seek photographs or video of the scene, request that businesses retain surveillance footage, and identify witnesses while their memories are still fresh, which can be especially important when a claim is filed in Davidson County Circuit Court or other Middle Tennessee courts. Acting early gives your legal team more time to investigate liability, evaluate your injuries, and prepare a strong case within Tennessee's relatively short filing deadline.

What Steps Should I Take If I'm Injured on Someone's Property?

If you are injured on someone else's property, it is crucial to prioritize your health first by seeking medical attention. Next, document the scene thoroughly by taking photographs of the area and any visible hazards. Gather contact information from any witnesses, as they may provide valuable support if your case goes to court. Reporting the incident to the property manager or owner is also critical, ensuring an official record is created.

It is also helpful to keep copies of any medical records, bills, and communication you receive from the property owner, their insurance company, or risk management department. Avoid giving a recorded statement or signing documents for an insurer before you have spoken with counsel, as these statements can later be used to minimize your claim or shift blame onto you. By letting us handle communications with insurers and opposing counsel, you can focus on your recovery while we work to protect your rights and build a clear record of what happened.

How Does Tennessee's Comparative Negligence Law Affect My Claim?

Tennessee follows a modified comparative negligence rule, which can significantly affect the outcome of your premises liability claim. Under this rule, you can recover damages if you are found to be less than 50% at fault for the accident. However, your compensation will be reduced by the percentage of your fault. For instance, if you are deemed 20% responsible for your injury, your recoverable damages will be reduced by that percentage.

Comparative negligence issues often arise in cases where a property owner claims that a danger was open and obvious or that a visitor ignored warning signs or was distracted. We look closely at how the property was designed, what warnings were actually provided, and whether reasonable safeguards were in place, drawing on building codes and safety standards that apply in Nashville and throughout Tennessee. By thoroughly examining these details, we can push back against unfair fault arguments and present a more accurate picture of how the property owner's choices contributed to your injuries.

How Our Nashville Firm Handles Premises Liability Claims

When you come to us after being hurt on dangerous property, we take time to learn exactly what happened and how your injuries are affecting your life. We start with a thorough intake to understand the location, the type of hazard involved, and any prior complaints or incidents you may know about. From there, we develop a tailored plan for your case, keeping you informed at each stage so you always understand what to expect from the legal process in Nashville and across Tennessee.

Our investigation often includes visiting the scene, interviewing witnesses, and working with outside professionals to evaluate whether the property complied with applicable safety standards. We may obtain records related to prior incidents at the same location, maintenance and inspection logs, and policies that businesses use to keep guests safe at hotels, apartment complexes, or retail stores. Throughout this process, we stay focused on proving how the property owner's choices created or allowed the dangerous condition to exist and how that hazard led directly to your injuries.

Contact Our Premises Liability Attorney in Nashville 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 attorney 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!

Contact us today to schedule a consultation with our Nashville premises liability lawyer.