Premises Liability

Premises Liability

Protecting Your Rights After an Injury on Someone Else's Property in Tennessee

Support When Property Owners Fail

Premises liability covers injuries that happen due to unsafe conditions on someone else's property. If you've been hurt in Tennessee, AskLitigation can help you understand your rights and pursue compensation.

Premises liability cases include slip and fall, dog bites, and other incidents involving property hazards.

What Counts as a Premises Liability Case?

Common scenarios include:

  • Slips, trips, and falls
  • Injuries from falling objects
  • Dog bites or animal attacks
  • Swimming pool accidents
  • Inadequate security or lighting
  • Unsafe stairs, walkways, or flooring
  • Ice and snow-related injuries

Tennessee Laws on Premises Liability

Tennessee law classifies visitors into different categories, each with different levels of protection:

  • Invitees (customers, guests): Owed the highest duty of care
  • Licensees (social guests): Owed a duty to warn of known hazards
  • Trespassers: Generally owed no duty except to avoid willful harm

Key legal points:

  • You have one year from the date of injury to file a claim in Tennessee.
  • Property owners must exercise reasonable care to keep premises safe for invitees.
  • Modified comparative fault applies—you cannot recover if you are 50% or more at fault.

Proving a Tennessee Premises Liability Case

To succeed in your claim, you typically must prove:

  1. Duty of Care: The property owner owed you a duty of care
  2. Breach of Duty: The owner failed to maintain reasonably safe conditions
  3. Knowledge: The owner knew or should have known about the hazard
  4. Causation: The unsafe condition caused your injury
  5. Damages: You suffered actual harm and losses

Steps to Take After an Injury

  • Seek medical attention immediately
  • Report the incident to the property owner or manager
  • Document the scene and your injuries with photos
  • Collect witness information
  • Keep all medical records and receipts
  • Contact a premises liability attorney for guidance

What Damages Can You Recover?

You may be entitled to compensation for:

  • Medical expenses (current and future)
  • Lost wages and earning capacity
  • Pain and suffering
  • Emotional distress
  • Property damage
  • Out-of-pocket costs related to your injury

The amount depends on the severity of your injuries and the degree of the property owner's negligence.

Common Defenses in Tennessee

Property owners may argue:

  • You were trespassing
  • The hazard was open and obvious
  • You were comparatively at fault
  • They had no actual or constructive knowledge of the hazard
  • You assumed the risk of injury

An experienced attorney can help counter these defenses and protect your rights.

Frequently Asked Questions About Tennessee Premises Liability Claims

Who is liable for injuries on someone else's property in Tennessee?

Property owners, managers, or occupiers may be liable if they failed to maintain safe conditions or warn about hazards, depending on your status as an invitee, licensee, or trespasser.

How long do I have to file a premises liability claim in Tennessee?

You have one year from the date of injury to file a premises liability claim in Tennessee, making it crucial to act quickly.

What is the difference between invitees and licensees in Tennessee?

Invitees (like customers) are owed the highest duty of care, while licensees (like social guests) are only owed a duty to be warned of known hazards.

Can I recover damages if I was partially at fault?

Under Tennessee's modified comparative fault system, you can recover damages only if you are less than 50% at fault. Your compensation will be reduced by your percentage of fault.

Let's Help You Move Forward

If you've been injured on someone else's property, contact AskLitigation for a free consultation or call (888) 970-8627.

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