A trip to the grocery store or a night out shouldn’t leave you injured. When a property owner ignores a hazard and you get hurt because of it, you may have a premises liability claim. The Chattanooga premises liability lawyers at Gary Massey Injury Lawyers help injured people across Hamilton County hold negligent property owners accountable.
Our founder, Gary Massey, spent the early part of his career defending insurance companies. He learned exactly how adjusters value claims, where they look for weaknesses, and how they fight paying out. Now he uses that inside knowledge for injured people instead of against them. If you were hurt on someone else’s property, contact us for a free consultation.
How Premises Liability Works in Tennessee
Premises liability is the area of law that holds property owners responsible when an unsafe condition on their property hurts someone. If you own or control a space where the public or guests come and go, you have a duty to keep it reasonably safe. That applies to a Hamilton Place retailer, a Northshore restaurant, an apartment complex in East Brainerd, and even a private home.
Being injured on someone’s property does not automatically make them liable. You have to prove the owner was negligent. The question that decides most cases is whether the owner knew, or should have known, about the hazard and failed to fix it or warn you about it. A puddle a store manager walked past for an hour is very different from a spill that happened seconds before you slipped.
When Is a Property Owner Liable? Visitor Status and Duty of Care
Why you were on the property still matters in Tennessee, though not the way it once did. The state used to sort lawful visitors into classes that set how much protection each received. The Tennessee Supreme Court ended that in Hudson v. Gaitan. Owners now owe the same reasonable care to everyone who enters with permission, and what reasonable care requires changes with the circumstances. Trespassers are the exception.
Invitees
Invitees are people on the property for business, like customers at a store, restaurant, or hotel. Their presence is expected, so reasonable care usually means inspecting for hazards regularly and either fixing what turns up or warning about it. Most premises claims start here.
Licensees
Licensees are social guests, such as a friend visiting your home. Since Hudson v. Gaitan, they are owed the same reasonable care as an invitee. The difference is practical: a homeowner is not expected to run the routine inspections a business does, but still has to fix or warn about known dangers.
Trespassers
Property owners owe trespassers no duty of reasonable care. The only obligation is to avoid willfully, intentionally, or wantonly causing injury. Children are the exception. Tennessee’s attractive nuisance statute makes an owner liable when a manmade hazard likely to draw kids, such as an unfenced swimming pool, injures a trespassing child, provided the owner knew or should have known about both the danger and the likelihood of children coming onto the property, and failed to take reasonable steps.
Common Types of Premises Liability Cases We Handle
Premises liability covers far more than a wet floor at the supermarket. Our team handles claims involving:
- Slip and Fall Accidents: Wet floors, uneven pavement, broken handrails, and cluttered walkways are the single most common source of premises claims.
- Retail and Mall Injuries: Falling merchandise, tripping hazards, and poorly maintained walkways at shopping centers like Hamilton Place.
- Hotel and Resort Injuries: Burns from a malfunctioning hot water system, defective gym equipment, or unsafe pool areas.
- Negligent Security: Assaults, robberies, and other crimes a property owner could have prevented with reasonable safety measures.
- Amusement Park Injuries: Malfunctioning rides, poorly maintained grounds, and unsafe walkways.
- Swimming Pool Accidents: Drownings and injuries at private pools, apartment complexes, and hotels.
- Sidewalk Hazards: Uneven pavement, missing warning signs, and ice that was never cleared.
- Animal Attacks: Injuries from dogs and other animals a property owner failed to restrain.
If your injury was caused by a condition the owner should have corrected, you may have a claim. Two of the most common, slip and fall accidents and negligent security cases, have dedicated pages with more detail. When you are ready, contact our team for a free review.
Common Injuries in Premises Liability Cases
Falls and other property accidents can cause far more than bruises. A hard landing on a tile floor or a tumble down a flight of stairs often leads to serious, lasting harm.
Common premises liability injuries include:
- Broken Bones and Hip Fractures: Falls can lead to fractures and broken bones, which are especially dangerous for older adults, who often face longer and more complicated recoveries.
- Traumatic Brain Injuries: A blow to the head from a fall can cause lasting cognitive and physical problems.
- Neck, Back, and Spinal Injuries: Injuries to the neck and back or spinal cord damage can limit mobility and may require surgery or long-term care.
- Cuts and Lacerations: Deep wounds from broken glass, sharp edges, or animal attacks can result in significant blood loss, nerve damage, and infection.
- Burns and Electric Shocks: Faulty wiring, exposed equipment, or malfunctioning appliances can cause serious burn and shock injuries.
Serious falls in and around Chattanooga often send people to Erlanger Baroness Hospital, the region’s only Level I trauma center. The cost of that care, and the time it takes to recover, is exactly what a premises liability claim is meant to address.
Proving Negligence: The Owner’s Duty and “Notice”
To win a premises liability claim, you and your lawyer have to prove four things:
- Duty: The owner owed you a duty to keep the property reasonably safe.
- Breach: The owner failed to meet that duty.
- Causation: That failure directly caused your injury.
- Damages: You suffered real harm, such as medical bills or lost income.
The hardest of these to prove is usually the breach, and it almost always comes down to notice. How long was the hazard there? A spill left on the floor for an hour or a broken stair left unrepaired for weeks shows the owner had time to find and fix the problem.
A hazard that appeared moments before your fall is much harder to pin on the owner. Proving notice takes evidence, and that evidence disappears fast. Incident reports, surveillance footage, inspection and maintenance logs, prior complaints, and witness accounts all help establish how long a danger existed and what the owner knew.
Common Defenses Property Owners Use
Insurance companies rarely accept blame without a fight. They tend to lean on a few familiar arguments:
- Open and Obvious: They claim the hazard was so plain that you should have seen and avoided it.
- Assumption of Risk: They argue you knew about the danger and chose to accept it.
- Comparative Fault: They try to shift part of the blame onto you to shrink what they owe.
Because Gary Massey once built these same defenses for insurers, our team knows how they are put together and how to take them apart.
How Tennessee’s Comparative Fault Rule Affects Your Claim
Tennessee follows a rule called modified comparative fault. You can still recover compensation as long as you are less than 50% at fault for your own injury, and your award is reduced by your share of the blame. If a jury decides your damages are $100,000 but finds you 20% at fault, you receive $80,000.
There is a hard cutoff, though. If you are found 50% or more at fault, you recover nothing. That is stricter than the rule in some neighboring states, and it is exactly why insurers push the open and obvious argument so hard. Keeping your share of fault as low as the facts allow is one of the most important things your lawyer does.
What to Do After an Injury on Someone Else’s Property
What you do in the hours and days after an injury can make or break your claim. If you are hurt on someone else’s property in Chattanooga, take these steps when you are able:
- Get Medical Care First: Your health comes first, and area options include the emergency departments at Erlanger, CommonSpirit – Memorial Hospital, and Parkridge Medical Center. Prompt treatment also creates a record that ties your injury to the accident.
- Report the Incident: Tell the property owner, manager, or staff, and ask for a written incident report.
- Photograph Everything: Take pictures of the hazard, the surrounding area, and your injuries before anything is cleaned up or repaired.
- Note Any Cameras: Surveillance footage is often recorded over within days, so identify any cameras that may have captured the accident.
- Collect Witness Information: Get names and phone numbers from anyone who saw what happened.
- Do Not Give a Recorded Statement: The property’s insurer may call for a statement or float a quick lowball offer, so talk to a lawyer before you agree to anything.
The sooner you act, the more evidence your lawyer can preserve before it is gone.
Filing Deadlines and Compensation You May Recover
Tennessee gives you very little time to act. Under Tennessee Code Annotated Section 28-3-104, you generally have just one year from the date of your injury to file a premises liability lawsuit. That is one of the shortest deadlines in the country.
The clock is usually paused for minors, and it can stretch to two years when the injury involved a crime and criminal charges are filed. Miss the deadline, and you almost always lose the right to recover anything.
If your claim succeeds, you may be entitled to compensation in two broad categories. Economic damages cover your financial losses, including medical bills, future care, lost wages, and reduced earning capacity.
Non-economic damages cover the human cost, such as pain and suffering and loss of enjoyment of life. Most premises lawsuits in this area are filed in Hamilton County Circuit Court.
Frequently Asked Questions
When Is a Property Owner Liable for My Injury?
A property owner is liable when their negligence caused your injury. That means they knew or should have known about a hazard, failed to fix it or warn you, and you were hurt as a result. Being injured on someone’s property is not enough on its own.
What Types of Injuries Fall Under Premises Liability?
Any injury caused by an unsafe condition the owner should have addressed can support a premises liability claim. Common examples include broken bones, traumatic brain injuries, spinal and back injuries, cuts, and burns. The severity of the injury often shapes the claim’s value.
Do I Have to Prove the Property Owner Knew About the Hazard?
Usually, yes. You have to show the owner created the hazard, knew about it, or should have discovered it through reasonable care. How long the hazard existed is often the deciding factor, which is why evidence like surveillance footage and maintenance records matters so much.
Can I Still Recover Compensation if I Was Partly at Fault?
Yes, as long as you were less than 50% at fault. Under Tennessee’s modified comparative fault rule, your compensation is reduced by your share of the blame. If you are found 50% or more at fault, you cannot recover.
How Long Do I Have to File a Premises Liability Claim in Tennessee?
You generally have one year from the date of your injury. The deadline can be paused for minors and extended in certain cases involving criminal conduct. Because the window is so short, it is best to speak with a lawyer quickly.
What Should I Do Right After Getting Hurt on Someone Else’s Property?
Get medical care, report the incident and ask for a written report, and photograph the hazard before it is fixed. Collect contact information from any witnesses, and avoid giving the insurer a recorded statement until you talk to a lawyer.
What Can I Expect a Premises Liability Lawyer to Do for My Case?
An experienced premises liability lawyer investigates the accident, preserves evidence before it disappears, and identifies who is responsible. From there, we handle the insurance company, work to calculate the full value of your losses, and are prepared to take your case to trial if the offer is not fair.
What if I Was Hurt by Inadequate Security or a Criminal Attack?
You may have a negligent security claim. When a property owner ignores a foreseeable risk of crime and fails to provide reasonable security measures, such as working locks or adequate lighting, they can be held responsible for any resulting injuries. These cases turn on whether the harm was foreseeable.
Talk With a Chattanooga Premises Liability Lawyer Today
An injury on someone else’s property can leave you with mounting medical bills and no clear sense of what to do next. You do not have to sort it out alone.
At Gary Massey Injury Lawyers, we know Hamilton County, we know how insurers think, and we put that knowledge to work for injured people across the Chattanooga area.
We take cases on contingency, which means no upfront fees and nothing owed unless we recover money for you. We are so confident in how we treat our clients that we back it with the Massey Promise and a 30-day satisfaction guarantee.
If you were injured because a property owner failed to keep you safe, schedule a free consultation to review your options.
