Hixson Premises Liability Lawyer
Injuries due to the hazardous conditions of a business can be incredibly harmful, and ensuing medical bills and missed time from work can be financially burdensome. A seasoned personal injury attorney may be able to help you bring a claim against a legally liable party.
Premises liability law in Tennessee is complicated, so you should not risk your case by filing a claim yourself. Big corporations and insurance companies have experienced attorneys, but a seasoned Hixson premises liability lawyer could help you improve your odds of receiving fair compensation.
The Legal Claims for Premises Liability
In Tennessee, a landowner owes a duty of care to those injured on their property. In any ensuing civil case, a defendant’s legal liability for a plaintiff’s injuries hinges on why the plaintiff was on the defendant’s property.
Tennessee follows the traditional approach to premises liability. Under this conventional method, there are three categories a plaintiff could fall into depending on why he or she was on the defendant’s property:
- Trespasser – the plaintiff entered the defendant’s property without permission
- Licensee – the plaintiff entered the defendant’s property as a social guest
- Invitee – the plaintiff entered the defendant’s property for a commercial purpose
A landowner owes each category of visitor a different level of care. A minimum duty of care is owed to trespassers—property owners must only warn of human-made conditions that impose a risk of serious death. This minimum duty of care means that a landowner generally can meet his or her legal obligation by posting warning signs.
A landowner owes a licensee a duty to warn about any defects in the property that could cause an injury. For instance, a landowner must tell a visiting friend about loose steps that could result in a fall. However, a landowner is not required to repair the steps before a licensee’s visit.
A landowner owes the highest duty of care to an invitee and must actively fix dangerous conditions on the property. For instance, a store owner must clean up spills that could result in falls, rather than merely warn their customers that there is a spill.
Bringing a Negligence Claim Based on Premises Liability
In Tennessee, the most likely claim that someone can bring for damages against another is negligence on the part of the defendant. A plaintiff generally must show the following to prove legal negligence:
- The defendant had a duty of care to act reasonably under the circumstances
- The defendant violated his or her duty of care by acting unreasonably
- The breach directly caused the accident in question
- The plaintiff suffered physical damages as a result of the accident
The landowner’s duty of care to either a trespasser, invitee, or licensee determines whether the landowner acted reasonably under the circumstances. There are many nuances to what is reasonable, and a Hixson premises liability attorney could help clarify these nuances during the claim process.
Recoverable Damages
A plaintiff can receive two types of damages in a negligence case: economic and non-economic damages. Economic losses are the direct, financial costs that impact the plaintiff, such as medical bills or lost time from work. These types of expenses are straightforward to measure since they typically have a quantifiable dollar value.
In contrast, non-economic damages are costs that cannot be evaluated with an objective price tag but still reduce the plaintiff’s overall quality of life. The pain and suffering from an accident would qualify as non-economic damages in a civil case. A premises liability lawyer in Hixson could help determine the full value of an accident victim’s injuries and losses and identify any compensation caps that may apply to their case.
Call a Hixson Premises Liability Attorney for a Consultation
The law provides means for you to pursue financial restitution so you can return to your previous way of life after an accident caused by someone else’s negligence. However, under Tennessee Code §28-3-104, a plaintiff only has one year to file a personal injury claim, so time could be of the essence if you wish to preserve your claim.
A Hixson premises liability lawyer could guide you through the legal process and work with you to seek full and fair restitution for your damages. Call us today to discuss your case and your legal options.
