Hamilton County Premises Liability Lawyer
When you enter someone’s property, you do not expect to get hurt. Unfortunately, unsafe property conditions injure thousands of Tennessee residents every year.
Property owners are responsible for adequately maintaining and operating their property to protect others from unnecessary harm. If a property owner fails to act responsibly, and that failure causes injury to someone, the property owner may be liable for damages with the help of a skilled attorney. A Hamilton County premises liability lawyer understands the law and could work to hold a property owner accountable for their negligence.
What is Premises Liability?
If a person suffers an injury on another’s property due to a hazardous condition or negligence, a premises liability claim may ensue. An individual, business, or government entity could be held responsible for injuries suffered on the property they own or manage.
For example, if a hotel guest slips on a broken staircase and is injured, the hotel owner may be liable for damages. Property owners and managers are responsible for adequately maintaining the property and removing dangerous conditions.
Time Limits for a Premises Liability Action
A person who has suffered an injury on someone else’s property may have a compensation claim. Tennessee mandates that a premises liability lawsuit be filed within one year of the accident date. A lawsuit filed after the deadline could result in a dismissal of the case.
Dangerous Conditions Leading to Premises Liability Claims
Numerous conditions could jeopardize the safety of anyone who enters the property and give rise to a premises liability claim. Some common hazardous conditions include:
- Slippery surfaces due to ice or standing water
- Lack of adequate security, including poor lighting
- Falling debris
- Cracked or broken pavement
- Uneven surfaces
- Broken staircases or handrails
- Cluttered aisles or walkways
After an injury on someone’s premises, it is essential to investigate the accident and document the condition of the property. In Hamilton County, a premises liability attorney could photograph the location where the injury occurred, obtain video from surveillance cameras, and talk to eyewitnesses.
A Property Owner’s Duty of Care
In a Hamilton County premises liability case, the accident victim must demonstrate that the property owner or manager breached the ‘duty of care’ to the victim and was negligent. Under Tennessee law, different categories of people are owed various duties of care.
Invitees
An individual who enters a property to do business or for any purpose mutually beneficial to both parties is an invitee. Invitees may include restaurant patrons, grocery store shoppers, and a business’s employees. This group is entitled to the highest level of care, and property owners must regularly inspect their property and promptly fix or remove any hazardous conditions.
Visitors
Visitors are welcomed on the property but are not necessarily invited. This group could include the property owner’s friends and family. A property owner must warn visitors of any non-obvious dangers the owner is aware of but is not required to inspect the property continuously.
Trespassers
A person who is not invited or welcomed on the property is a trespasser. Under Tennessee Code Annotated §29-34-208, a property owner has no duty of care to a trespasser other than to avoid deliberately hurting them.
If a child trespasses on a property, a different rule, called the ‘attractive nuisance doctrine,’ applies. A property owner who is aware that a hazardous condition on the property may attract children could be liable for their injuries, particularly if the dangerous situation poses a risk of serious injury or death.
A lawyer handling premises liability claims in Hamilton County is well-versed in the duty of care owed to individuals who enter another’s property and could represent an injured party in a lawsuit.
Get in Touch with a Hamilton County Premises Liability Attorney
If you are injured on someone’s property, you may face mounting medical bills, missed time from work, and ongoing pain. It is not fair that you experience these losses due to a condition the property owner could have prevented.
If you have been the victim of a property owner’s negligence, you have legal options. A Hamilton County premises liability lawyer could investigate your claim and seek compensation for your injuries. One of our firm’s experienced attorneys will answer any questions you may have about your case.
