Premises Liability

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Premises liability claims in Tennessee address injuries occurring on another person's or entity's property due to the owner's or occupier's negligence in maintaining a safe environment. Common scenarios include slips on unmarked wet floors, falls from defective stairs, dog bites, or assaults from inadequate security measures. Under the Tennessee Premises Liability Act (T.C.A. § 29-34-201 et seq.), property owners owe varying duties based on the visitor's status: the highest standard to invitees (e.g., customers in a store), a lesser duty to licensees (e.g., social guests), and minimal to trespassers. To succeed, plaintiffs must prove the owner had actual or constructive notice of the hazard and failed to warn or correct it. Compensation covers medical bills, lost wages, and pain and suffering. Tennessee's modified comparative fault rule (T.C.A. § 29-39-102) reduces awards by the plaintiff's fault percentage but bars recovery if 50% or more at fault. The statute of limitations is one year from the injury date (T.C.A. § 28-3-104).
 

Immediate Steps After an Injury

1. Obtain Medical Care: Visit an emergency room or urgent care facility for a thorough evaluation and documentation. Even seemingly minor injuries, such as sprains, can lead to long-term complications.

2. Report the Incident and Gather Documentation: Inform property management right away to ensure an official incident report is filed. Photograph the hazard (e.g., spilled liquid or uneven surfaces), your injuries, and the surrounding area, including witness contact information.

3. Limit Statements: Provide only factual details to management or insurers—avoid self-blame or signing any documents on-site, as these could be used against you.

4. Preserve Evidence: Retain items like clothing or footwear involved in the incident, track all related expenses (e.g., ambulance or follow-up care costs), and note environmental factors such as lighting or signage.
    

Building and Pursuing a Claim
 

At The Evans Law Firm, our premises liability attorneys conduct site inspections and review records to identify negligence and support your case:

• Demonstrate Notice and Negligence: We subpoena surveillance videos, maintenance logs, and employee statements to establish the owner's knowledge of the hazard. Experts may assess violations, such as non-compliance with the Americans with Disabilities Act (T.C.A. § 68-120-101).

• Determine Duty and Visitor Status: We classify your status to invoke the appropriate duty of care and challenge defenses like "open and obvious" dangers through analyses of visibility, warnings, or conditions.

• Calculate Damages: We assemble medical records, wage statements, and expert reports (e.g., from psychologists) to document both economic and non-economic losses. Punitive damages may be pursued for intentional disregard of safety (T.C.A. § 29-39-104).

• Handle Insurance Issues: After providing notice, we demand policy limit disclosures and address denials or delays through bad-faith claims under T.C.A. § 56-7-105, potentially accessing additional coverage from property owners or businesses.

• Pursue Resolution or Litigation: Over 80% of cases settle via mediation. If necessary, we prepare for circuit court with visual aids like reconstructions, ensuring fault is apportioned to preserve your recovery under the 50% rule.

 

If you've been injured on unsafe property, contact The Evans Law Firm for a free case evaluation.