Premises Liability Injury Lawyers in Tennessee

People enter the property of others every day, and when they do there are certain legal rights and obligations that apply that are meant to protect the safety of those who do not live or work on that private property. This body of law in Tennessee is known as premises liability, and anyone who has been injured while legally on the property of someone else needs to seek the immediate help of experienced Nashville premises liability attorneys.

Below you'll find information regarding slip and fall situations, security and assault issues, common places where premises liability issues arise, the breach of the legal duty owed to those with different legal statuses, attaching liability to those responsible for the property where the serious injury or wrongful death  occurred, the types of damages that can be pursued by someone who has been injured and finally information regarding how you should proceed if you need the help of Nashville premises liability lawyers.

Tennessee Slip and Fall Lawsuits

The most common scenario that unfolds that leads to Tennessee premises liability lawsuits is known as a slip and fall. A slip and fall is exactly what it sounds like – someone who is legally on the private property of another slips for some reason, falls down and is injured as a result. These situations tend to involve some sort of substance on a floor or a wet floor that the person who was on the property did not notice and likely would not have noticed.

Generally speaking, it is the duty of those who are in control of that private property to either prevent dangerous conditions from existing or to clearly warn those who may enter the property that those dangers exist. Failure to take these steps could lead to a finding of liability on the part of those who own or control the property.

Security and Assault on Private Property Cases

Unfortunately, there are certain Tennessee premises liability scenarios that can unfold that are more violent and potentially more damaging than a slip and fall. These situations involve common or public places where security is necessary to protect those who may use that property, such as in a parking garage or in a common area of a hotel or an apartment building.

Those who control these types of property owe those who will likely enter and use them a duty of basic protection. If someone enters, for instance, a parking garage with inadequate security and that person is assaulted and injured, those who own and control that parking garage could be found liable for damages in a Tennessee premises liability lawsuit.

Common Places Where Premises Liability Lawsuits Arise in TN

As one would expect, there are certain places where premises liability issues tend to arise more than others. Below are a few examples:

Grocery stores – Grocery stores are extremely common locations for premises liability cases because of the crowds that can gather and because of the substances that can easily wind up on the already-slippery floors.

Bars – Bars and nightclubs are also common places for these situations to arise for many of the same reasons – large crowds and liquids on the floor and in locations where people can easily slip and injure themselves.

Malls – Malls are known for their crowds, and especially during busy shopping days, these crowds can create dangers with spilling products and by knocking other products onto the floor that other patrons do not see.

Clearly, there are other locations where these situations can arise, but those that do are often traced back to one of the situations described above.

Legal Duties and TN Private Property Law

One of the more technical areas of Tennessee premises liability law concerns the legal status enjoyed by the person who enters the private property of another. These statuses help to define what level of protection is owed to them by those who are in control of that property. Below is a brief explanation of these legal statuses:

• Invitee – An invitee is a person who is a foreseeable entrant onto private property for the purpose of conducting business. That person does not need a specific, personal invitation to enter the property, but rather can enter for a reasonable purpose. This status often applies to those who enter into a retail outlet, restaurant or any other location where the public in general is invited. Invitees are supposed to be protected from dangerous conditions on the property or be warned of their existence if these dangers cannot be removed.
• Licensee – A licensee is someone who is specifically invited to enter the property of another, and there is a tacit expiration of this invitation. Generally licensees are people who are invited to a person's home for a party or some other occasion. Licensees enjoy the same level of protection as invitees as long as they do not stay past the expiration of their invitation.
• Trespasser – A trespasser is someone who is not invited onto private property and someone who is not supposed to be there. As a result, the protections afforded to invitees and licensees are generally not upheld for trespassers who are injured on private property aside from a few exceptions.

Liability, Damages, and Compensation – Nashville Premises Liability Attorneys

The process of attaching liability to those who are responsible for private property can be difficult. Not only will this process involve the gathering of evidence and the likely negotiations with insurance adjusters, but understanding the legal statuses involved and applying the levels of protection due to the injured person can involve many technicalities that are not familiar to those without a legal background.

However, if someone is injured on another's property and the claim is valid, that person could recover damages that include compensation for medical costs, lost income and pain and suffering. However, those who face this situation should seek the help of Nashville premises liability lawyers who have handled many of these cases successfully in the past. Contact the personal injury attorneys at Michael D. Ponce & Associates today to schedule a free initial consultation.