The Three Levels of Responsibility for Tennessee Property Owners

by Michael D. Ponce

Last Updated January 19, 2024 In Premises Liability

Anyone who owns property in Tennessee is responsible for making sure it’s safe for visitors. To achieve that, property owners are required to do everything in their power to remove or repair any potential dangers before visitors encounter them.

Premises liability extends to all property owners in the state, including homeowners, land owners, and business owners. However, the levels of responsibility they must uphold to keep guests and visitors safe vary depending on who is on their properties.

WHAT ARE THE THREE CLASSIFICATIONS OF PROPERTY VISITORS?

The three classifications of people who enter properties and the levels of responsibility property owners owe them include:

• Invitees: These visitors are owed the highest duty of care and include people who visit properties for business purposes, including customers in stores or restaurants.
• Licensees: These visitors are owed the second-highest duty of care and include social guests at both businesses and private residences.
• Trespassers: Although they’re uninvited and may be entering a property illegally, property owners still must attend to situations or conditions that could potentially harm trespassers.

Additionally, property owners are responsible for making sure all children—including uninvited children—won’t encounter harm or danger on their properties.

WHAT ARE THE LEGAL CONSEQUENCES FOR PROPERTY OWNERS WHO DON’T MAKE THEIR PROPERTIES SAFE FOR VISITORS?

If someone gets injured on an unsafe property, the property owner or their insurance may be responsible for paying various types of damages to the victim.

These damages typically aim to compensate the injured party for their losses and can include:

• Medical Expenses: Costs for immediate medical treatment, ongoing care, rehabilitation, and any future medical expenses related to the injury.
• Lost Wages: Compensation for income lost due to the inability to work as a result of the injury, including potential future income loss.
• Pain and Suffering: Compensation for physical pain and emotional distress caused by the injury, including reduced quality of life, depression, anxiety, and more.
• Punitive Damages: In cases of gross negligence or intentional misconduct that leads to injuries on a property, punitive damages may be awarded to punish the property owner and deter similar behavior in the future. Punitive damages are only awarded when injury cases go to trial.

INJURED ON SOMEONE ELSE’S PROPERTY? CONTACT OUR NASHVILLE SLIP AND FALL LAWYERS.

Were you or a loved one injured on someone else’s property? If so, it’s vital to get an experienced and trusted Nashville slip and fall lawyer on your side.

Don’t wait to get the help you deserve. Call Ponce Law today for a free consultation.

Originally published October 25, 2017.