Chattanooga Premises Liability Lawyers  

Injured on Another’s Property?

Property owners have a legal obligation to protect visitors from unreasonably dangerous conditions such as loose wires, uneven steps or spills on the floor. If they fail to fulfill this duty, and you suffer an injury, call our Chattanooga premises liability lawyers to explore your legal options.

Massey & Associates, P.C. helps ordinary people injured by the negligence of others. We have obtained millions in compensation for our clients. You can visit our testimonials page to see what our clients have to say about their experience with our firm.

Our founder Gary Massey is a Tennessee native and graduate of Cumberland School of Law. He has been practicing law for more than 25 years.

We do not charge any upfront fees, are available 24/7 to assist you and your first consultation is free.

What Types of Premises Liability Cases Do We Take On?

If you were injured on another’s property and you believe the accident could have been avoided, there may be a case. However, there is no way to know for sure unless you speak to an experienced law firm.

The Chattanooga personal injury lawyers at Massey & Associates, P.C. take on many types of cases, including those that involve:

• Slip and fall accidents in places such as grocery stores and restaurants: For example, a customer might slip on a wet floor because employees did not put out a “wet floor” sign to warn people.
• Retail store and mall injuries: For example, shoppers might trip over a display or slip on a recently cleaned floor. There are also negligent security cases where one person physically assaults another inside of a store or in the parking lot.   
• Hotel injuries, such as severe burns from a malfunctioning hot water system or serious injuries caused by defective or poorly maintained gym equipment.
• Amusement park injuries: Visitors could get injured on a malfunctioning ride or poorly maintained walkways.
• School and daycare injuries: Children could fall off playground equipment that is not up to safety standards. Sometimes children hurt themselves because they are not properly supervised. For example, a child might break an arm falling off a swing set or sustain a concussion from a fall. There are even cases where daycare workers or school employees physically assault children.
• Grocery store injuries: Customers might trip over misplaced items or slip on wet floors.  
• Improper maintenance of sidewalks: This could cause people to trip over uneven pavement or slip on ice that has not been cleared.
• Animal attacks: Visitors could suffer serious injuries in a dog attack, including deep lacerations, infections and psychological trauma. Property owners could be liable for failing to properly restrain the dog.

Unfortunately, many property owners put costs and profits ahead of safety and will ignore or fail to repair hazardous conditions. They may also fail to fix bad lighting or to hire adequate security to ensure safety. These forms of negligence can result in everything from minor scrapes and bruises to severe injuries like fractures or traumatic brain injuries.

If you have been injured on someone else’s property because of an unsafe condition, you should contact our experienced premises liability lawyers. The initial legal consultation is free of charge and comes with no obligation to hire our firm.

Injured by a property owner’s negligence? Call Massey & Associates, P.C. today: (423) 396-0720.

Time Limits to File a Premises Liability Lawsuit

Anyone who suffered an injury at a store, business, restaurant or any other property, needs to consider their injuries and whether they can file a personal injury claim. However, there is limited time to file a case.

Under Tennessee Code Annotated Section 28-3-104, injury claims must be filed within one year of the incident. After those 12 months pass, you lose the right to file an injury claim.

What Legal Obligations Do Property Owners Owe to Visitors in Tennessee?

Property owners have a duty to exercise ordinary care to keep visitors safe. Ordinary care is the level of care that an ordinary person would exercise to prevent an injury in a similar situation.

Generally, this means property owners should eliminate dangerous conditions or warn visitors about these conditions. This only applies to conditions the property owner knows about or should be aware of by exercising reasonable diligence.

In other words, property owners must have actual or constructive knowledge of dangerous conditions. Actual knowledge is direct knowledge of the problem, such as from observing it or being told by an employee.

Constructive knowledge means there is a reasonable expectation of knowledge. For example, the property owner may have been told about a recurring danger.

The level of care owed to visitors varies based on the visitors’ legal status. Most visitors fall into one of two categories:

Invitees

These are people who go onto property to do business or do something else for the mutual benefit of themselves and the property owner. People who go to retail stores, restaurants, movie theaters or gyms are considered invitees.

Property owners owe invitees the highest duty of care. For instance, property owners are often required to inspect their property on a regular basis to discover hazardous conditions.

Licensees

These are usually houseguests of the property owners, such as family or friends. Generally, property owners are required to warn licensees of dangers they are unlikely to discover on their own.

There is a third category of visitor: trespassers. However, property owners do not owe much of a legal duty to people who are not on the property legally. Typically, property owners cannot be held liable for injuries to trespassers, unless the property owner intentionally harmed the trespasser.

Cases involving child trespassers are much more complicated. Children do not have the same ability as adults to identify danger. For instance, if they suffer an injury because the property owner did not place a fence around the swimming pool, the owner could face liability.

Proving a Chattanooga Premises Liability Case

If you were injured on another person’s property, your lawyer will need to demonstrate that the property owner or business had a duty to keep the property free from hazardous conditions, they breached that duty, the breach caused an injury or accident, and you sustained injuries and damages.

For example, if a grocery store fails to clean up a spill and a customer slips, breaking his or her leg, the customer would need to show that the store had a duty to keep the floors clean, breached that duty by leaving the spill unattended, and this breach directly caused the injury.

How Property Owners Defend Against Liability

Property owners trot out various defenses when they get sued for premises liability. They could claim the victim voluntarily assumed the risk, such as by signing a liability waiver before working out at a gym.

However, liability waivers might not hold up in court. The property owner’s negligence could still open them up to liability for injuries and damages.

Property owners also like to argue the dangerous condition that caused the injury was open and obvious. They say the victim should have avoided the condition. The question then becomes if the danger was unreasonable. If something was unreasonably dangerous, the fact that it was open and obvious may not matter.

Partial Fault for a Premises Liability Injury

Tennessee allows injured victims who are less than 50 percent at fault to seek compensation. Anyone who is 50 percent or more to blame cannot seek compensation.

Property owners often claim the victim is at least partially to blame for a premises liability injury. However, they may not be correct. You should discuss this with an experienced lawyer, as partial fault prevents you from recovering the full cost of your damages. For instance, if you were found to be 20 percent at fault, your compensation award would be reduced by 20 percent.

One of the numerous advantages of hiring an experienced lawyer for your case is that he or she will be prepared for these defenses. Our Chattanooga premises liability attorneys know how to prove cases, showing the property owner failed to uphold a duty of care.

Contact Massey & Associates, P.C. to learn more: (423) 396-0720.

Compensation for a Premises Liability Injury

Victims of premises liability cases may be entitled to various types of compensation, including:

• Medical Expenses: Our attorneys pursue compensation for the full cost of victims’ medical care, including hospital bills, surgeries and rehabilitation.
• Lost Wages: Compensation for time you missed from work due to the injury. This helps to alleviate the financial burden caused by lost income during your recovery period.
• Pain and Suffering: Damages for physical pain and emotional distress caused by your injury. Compensation for pain and suffering acknowledges the profound impact of the injury on your quality of life and mental health.
• Loss of Enjoyment of Life: Compensation for the impact of the injury on your ability to enjoy various activities, including activities with family and leisure activities.

Our attorneys are committed to securing full compensation for all the damages you suffered. We want to make sure you have the compensation to get all the medical care you need. We are committed to securing the compensation you need to protect your quality of life.

Common Injuries in Premises Liability Cases in Tennessee

Many people may discount the severity of injuries from premises liability cases. However, these incidents can result in devastating and possibly permanent injuries to victims, including:

• Broken bones, particularly to the wrists and arms
• Head injuries and Traumatic Brain Injuries
• Neck injuries
• Sprains
• Back injuries
• Burns
• Electric shocks
• Choking injuries

By far, the most common premises liability claims that a Chattanooga premises liability lawyer is familiar with are those involving slip or trip and fall injuries.

If you were injured on another person’s property, or while at a restaurant or store, contact our Chattanooga premises liability lawyers.

Speak With Our Chattanooga Premises Liability Lawyers Today

If you suffered an injury on someone else’s property, our premises liability lawyers want to help you. Whether your injury was caused by uneven pavement, unsecured handrails, or liquid or debris that was left unattended, you may have a case against the property owner.

Premises liability cases can be complex and difficult to prove, so you need an experienced attorney with a history of results advocating for your best interests.  

Massey & Associates, P.C. is here to guide you every step of the way. Our office is located at 6400 Lee Highway, just 12 minutes from the Parkridge East Hospital.

Call today to discuss your legal options: (423) 396-0720 .