Rhea County Premises Liability Lawyer

Being injured on another person’s property is never a pleasant experience. Whether the injury occurred from a slip and fall, a hazardous structure, or poor maintenance, people who have been injured because of the fault of a property owner have the right to seek compensation from the property owner.

However, there are very specific rules governing when a property owner is liable for injuries. A plaintiff must demonstrate that not only was the property owner negligent, but that they also knew or should have known about the hazardous condition that led to the injury.

Rhea premises liability lawyers understand these rules and help clients to better understand their cases and to fight for the fair compensation that they deserve. Contact a qualified attorney today.

Tennessee Laws Concerning Premises Liability

Tennessee has passed no statute governing when a person who is injured on another’s property may sue for damages. Rather, it is Tennessee’s courts that have identified the cause of action known as premises liability.
This tort allows people who have been injured due to the negligence of a property owner to collect compensation. The process is complicated, however, and requires a two-step approach.

Proving Negligence

First, a plaintiff must be able to demonstrate that the defendant was negligent. In short, they must show that the defendant owed a duty to protect the plaintiff and that when this duty was broken, the plaintiff was injured.
This is difficult enough, and raises questions about why the plaintiff was on the property to begin with, and whether their injuries were caused by the breach of the duty of care. The plaintiff’s presence at the location where the danger occurred must have been foreseeable to the property owner. Even if the defendant is found to be negligent, the case is not over.

Establishing Liability

Next, the plaintiff must show that the condition was caused by the owner or their agent. Alternatively, the plaintiff may show that the condition was created by someone other than the owner and that the owner had actual or constructive notice that the condition existed prior to the incident. In short, a plaintiff must be able to prove that the owner either created the hazardous condition or knew about the condition and did nothing to fix it.

A common example is a spill in a grocery store. The plaintiff must provide evidence that the spill was either caused by an employee or that the store knew of the spill and did nothing to fix it. This is often difficult because it may be impossible to prove how long the spill had been on the floor and whether the store employees should have found the spill before the plaintiff fell. Questions concerning whether the store had sufficient notice of the spill, and thus an opportunity to clean it up, will be a central aspect of a case such as this.

Statute of Limitations

One other aspect of premises liability law to keep in mind is the statute of limitations. This is a time limit that a plaintiff must meet in order to prevail in their case.

According to TN Code 28-3-104, plaintiffs alleging personal injury in premises liability cases have only one year from the date of injury to initiate a court case. Time is of the essence, so do not delay.

Speak with a Rhea County Premises Liability Attorney Today

If you have been injured while on another person’s property, you may have the right to seek compensation for your injuries. Rhea premises liability lawyers understand Tennessee’s laws concerning premises liability and will evaluate your case to identify both the correct defendant and the proper strategy for pursuing your claim.

By examining the evidence in your case, comparing it to existing law, and forming a comprehensive demand package, many cases settle without needing to go to court. However, if a trial is necessary, the litigation team will guide you every step of the way to prepare your case for presentation before the jury. Take a positive first step towards protecting your rights and contact a Rhea County premises liability attorney today.