After an injury on someone else’s property in Tennessee, it’s common to feel unsure about what to do next. Tennessee’s premises liability laws can be confusing, especially when you’re trying to figure out who’s responsible and whether you have a case. Below are answers to common questions to help you better understand your rights and what to expect.
What is premises liability?
Premises liability is the legal rule that holds property owners and occupiers responsible when someone is injured due to an unsafe condition on their property. However, it’s not always so cut and dried. The injured person must show that the property owner failed to keep the premises reasonably safe or failed to warn about a known danger.
What kinds of accidents fall under premises liability?
Premises liability is less about the kind of injury, and more about the location and context of the injury. Still, there are many common types of accidents associated with premises liability, including:
- Slip and fall accidents on wet, icy, or uneven surfaces
- Trip and fall accidents caused by broken steps, torn carpet, or debris in walkways
- Dog bites and animal attacks
- Elevator and escalator malfunctions
- Fires caused by building code violations or missing safety equipment
- Swimming pool accidents and drownings
Who can be held liable for my injuries?
The parties liable for your premises-based injuries depend on a lot of factors, like the type of property it is and who owns it. A few of the most common possibilities are:
- Retail stores, restaurants, and other businesses
- Landlords and property management companies
- Hotel and hospitality operators
- Government entities
- Homeowners and private individuals
Identifying the liable party is an early step in building your case, but it can be a confusing process. Hiring a Tennessee premises liability lawyer who understands the law is a good first step.
What do I need to prove to win a premises liability case in Tennessee?
Your premises liability case needs to have these four elements to move forward:
- Duty of care: The property owner owed you a legal duty to maintain reasonably safe premises.
- Breach of duty: The owner knew about the dangerous condition and failed to fix or warn about it.
- Causation: The dangerous condition directly caused your injury.
- Damages: You suffered real harm as a result, whether physical injuries, financial losses, or both.
An experienced Tennessee premises liability lawyer can help you figure out if your case meets these standards.
Does it matter why I was on the property?
Yes. Tennessee law classifies visitors into different categories, and the duty of care owed to each differs.
Invitees are people who enter the premises with the owner’s invitation. An owner has the highest duty of care toward invitees, including a requirement to actively inspect for hazards and correct them promptly.
Licensees are social guests or others permitted on the property for non-commercial purposes. Owners must warn licensees of known dangers they might not notice on their own.
Trespassers generally cannot sue for premises liability. However, property owners cannot willfully or intentionally harm trespassers, and there is an important exception for children under the attractive nuisance doctrine.
What is the attractive nuisance doctrine, and does it apply in Tennessee?
Tennessee recognizes the attractive nuisance doctrine. This law protects children who are injured after being drawn onto someone else’s property. To hold a property owner responsible for a child’s injury, you must prove that:
- The owner knew or should have known children might enter the property.
- The condition posed an unreasonable risk of serious injury or death.
- The cost of addressing the hazard was slight compared to the risk involved.
Can I still file a claim if I was partially at fault for my injury?
Yes. Tennessee follows a modified comparative fault rule. This means your compensation is reduced by your percentage of fault but as long as you are less than 50% responsible, you can still recover. For example, if a jury determines your damages are $50,000 but finds you were 20% at fault, you would receive $30,000. If you are found to be 50% or more at fault, you cannot recover anything.
How long do I have to file a premises liability claim in Tennessee?
In most cases, the statute of limitations for premises liability claims in Tennessee is one year from the date of your injury. If your injury resulted in the death of a loved one, a wrongful death claim must also be filed within one year from the date of death. If you are claiming property damage rather than personal injury, the deadline extends to three years.
What compensation can I recover in a premises liability case?
Injured victims in Tennessee can pursue both economic and non-economic damages.
Economic damages cover your financial losses, including:
- Past and future medical expenses
- Lost wages and reduced earning capacity
- Property damage
Non-economic damages cover your personal losses, including:
- Pain and suffering
- Emotional distress and mental anguish
- Loss of consortium
What should I do right after being injured on someone else’s property?
What you do in the hours after your accident can significantly affect the strength of your premises liability case. If you are able to do so safely:
- Call 911, especially if you were seriously injured, and request assistance from the Chattanooga Police Department or the Hamilton County Sheriff’s Office to file an official police report.
- Document everything, including the hazard, your injuries, your footwear, and the surrounding area before anything is cleaned up or moved.
- Get witness information and contact details from anyone who saw what happened.
- Seek medical attention immediately, even if your injuries seem minor. Gaps in treatment are used by insurers to argue your injuries weren’t serious. Chattanooga area hospitals include Erlanger Health System and CommonSpirit Memorial Hospital.
- Don’t give recorded statements to the property owner’s insurance company without speaking to an attorney first.
- Contact a premises liability lawyer as soon as possible.
What is the value of my premises liability case?
The value of a premises liability case depends on several factors, including the severity of your injuries, the cost of your medical treatment, lost income, and how the injury impacts your daily life. Cases involving long-term or permanent injuries typically result in higher compensation.
Can I file a claim if I was injured in a parking lot or garage?
Yes. Property owners and managers have a duty to maintain parking lots and garages, including addressing hazards like poor lighting, uneven pavement, standing water, and inadequate security.
What if the hazard that caused my injury was open and obvious?
You may still have a valid claim. Tennessee courts consider whether the property owner should have reasonably anticipated the risk and taken steps to prevent harm. Your ability to recover may also depend on whether you share some responsibility for the accident under Tennessee’s comparative fault rules.
Does premises liability cover animal attacks in Tennessee?
Yes, premises liability in Tennessee covers animal attacks, primarily dog bites, occurring on someone else’s property due to unsafe conditions. Under Tenn. Code Ann. § 44-8-413, owners are generally strictly liable if their dog injures a person lawfully on the property.
Does premises liability cover assault in Tennessee?
Yes, premises liability in Tennessee can cover assaults if the property owner or manager failed to provide reasonable security measures against foreseeable criminal acts. This includes inadequate lighting, broken locks, or ignoring prior incidents.
What if the property owner’s insurance company contacts me directly?
Do not give a recorded statement or accept any settlement offer without speaking to an attorney first. Insurance companies are focused on minimizing their payout, and anything you say can be used to reduce or deny your claim.
How long does it take to settle a premises liability claim in Tennessee?
The timeline for resolving a premises liability claim depends on several factors, such as the length of medical treatment, the severity of the injury, and the clarity of the evidence. When liability is clear and injuries stabilize quickly, some claims resolve within months. However, cases involving ongoing medical care or disputes over fault can take longer to reach a fair settlement.
Is it necessary to hire a lawyer for a premises liability case?
While you are not required to hire a lawyer, having legal representation can make a significant difference. Premises liability cases often involve complex legal standards and aggressive insurance companies. An experienced attorney can help gather evidence, prove liability, negotiate a fair settlement, and represent your interests if the case goes to court.
How does Gary Massey Injury Lawyers handle premises liability cases?
At Gary Massey Injury Lawyers, we act quickly to protect your rights and preserve evidence before it disappears. Our team requests incident reports, medical records, and surveillance footage, interviews witnesses while their memories are still fresh, and works with experts to establish what went wrong and why.
Contact Gary Massey Injury Lawyers Today
If you’ve been injured on someone else’s property in Tennessee, our premises liability team is ready to review your case, explain your options, and help you take the next step toward recovery. Contact us today for a free consultation.
