Bradley County Premises Liability Lawyer 

Getting injured is never a pleasant experience. However, in some instances, when injured due to the negligence of others, an individual may have the right to pursue the responsible parties for compensation. One common way that people are negligent is in improper care and maintenance of their property.

Tennessee law has created a very specific set of rules that govern when a property owner is liable for injuries that happened on their property. A plaintiff must demonstrate that not only was the property owner negligent but that they also knew about the hazardous condition that led to the injury.

Bradley County premises liability lawyers can represent people who were injured while visiting other peoples’ property to fight for the fair compensation that they deserve due to others’ negligence. A skilled personal injury attorney can help individuals hold the responsible parties accountable.

Tennessee Premises Liability Laws

Tennessee’s courts have issued opinions on when a person who is injured while on another’s property may sue for damages. These opinions can be distilled into the tort known as premises liability.

This tort contains very specific elements that a plaintiff and their Bradley County premises liability lawyer must be able to prove in order to win their case. The process is complicated, however, and requires a two-step approach.

Tennessee has also passed a law concerning the statute of limitations in personal injury cases. Despite the complex wording, a statute of limitations is just a time limit that a plaintiff must meet in order to win their case. Tennessee gives plaintiffs only one year from the date of the accident to start a case in court, so time is of the essence.

How to Prove Liability

First, a plaintiff must be able to prove negligence on the property owners’ part. In short, they must show that the defendant owed a duty to protect the plaintiff and that when this duty was broken, the plaintiff was injured. This is a difficult starting point since property owners are only responsible for protecting certain types of people who are on their land for specific reasons.

People such as trespassers or uninvited salesmen are only minimally protected under the law and may not sue for negligence in most situations. However, once the plaintiff proves that the defendant was negligent, the case is still only half done. Next, the plaintiff must show that there was a hazardous condition on the property that was caused by the property owner or their agent.

Also, the plaintiff and their Bradley County premises liability lawyer may show that the condition was created by someone other than the owner and that the owner had actual or constructive notice that the condition existed prior to the incident.   The case of David G. Rogers v. Autozone Stores, Inc. M2011-02606-COA-R3-CV (2012) provides a full breakdown and illustration of this requirement. A common example is a faulty step leading into a restaurant.

The plaintiff has the burden to prove that the step was broken by the owner or an employee, or that the restaurant knew about the broken step and did nothing to fix it. These cases often revolve around questions concerning whether the defendant knew about a hazardous condition, or whether the defendant should have known about it.

Talking to a Bradley Premises Liability Attorney

If you have been injured while on another person’s property, contact a Bradley County premises liability lawyer. An experienced lawyer understands Tennessee’s complex premises liability laws and will investigate claims to determine the proper defendant and the most effective strategy for pursuing their case.

A lawyer can negotiate with the defendant’s insurance company on an individuals’ behalf so that their interests are protected and they can focus on their recovery.

By presenting a strong position, backed by evidence and the law, most cases settle out of court for appropriate sums. Take a powerful first step towards compensation for any injuries due to a property owner’s negligence, contact a Bradley premises liability attorney today.