In theory, visiting a friend’s apartment or private home should always be an enjoyable experience, and it certainly should never be a dangerous one. In reality, though, not every private landowner takes care of their property well enough to keep it free of unreasonably dangerous hazards, and sometimes those hazards can cause serious physical harm to people who had no reason to expect they were in harm’s way.
Filing suit under circumstances like these may be awkward, but it also may be vital to protecting your long-term best interests—as may working closely with a Nashville private property premises liability lawyer at Ponce Law. State law and court precedent for cases like this can be much more difficult to break down than you might expect, and a seasoned premises liability attorney’s support can be crucial to navigating legal roadblocks and getting paid what you deserve for your damages.
As a visitor on someone else’s private property, you are expected to act like a reasonable person and avoid getting injured by property hazards the landowner has already warned you about or by “open and obvious” hazards that any rational person should be aware of. However, suppose you were not warned about a hazardous condition and were on private property lawfully when that condition directly caused you to get hurt. In that case, you may have grounds to demand civil restitution from the landowner who failed to fulfill their “duty of care” towards you.
Every premises liability claim is unique, just like every “plaintiff” pursuing one is. Still, a typical case of this nature can incorporate both economic and non-economic forms of harm stemming from an undisclosed hazard on private property, including:
A Nashville private property premises liability attorney can assist with identifying “compensable damages” in a particular situation and proactively demanding a fair amount of money to compensate for them.
Generally speaking, private property owners do not hold legal liability for accidental injuries sustained by people illegally trespassing on their land, but there are two key exceptions to that rule worth mentioning. First, landowners cannot intentionally create hazardous conditions intended to cause harm to trespassers, so someone who—for example—sets a trap on their land, which then injures a trespasser, may be liable for that trespasser’s injuries.
Second, landowners are expected to reasonably restrict access to things like construction equipment and swimming pools which might entice curious minor children into trespassing. If a child is able to access this kind of hazardous property feature and then gets hurt as a result, a private property premises liability lawyer in Nashville can help hold the landowner liable for the child’s injuries under the “attractive nuisance” doctrine.
Even if you have lots of evidence showing that a private landowner did not do enough to protect you while you were on their property, turning that evidence into a successful civil case result can be extremely challenging. Fortunately, assistance is available from the law firm voted repeatedly as the top firm in Nashville in the Tennessean’s Best of Music City Awards.
A Nashville private property premises liability lawyer at Ponce Law can review your circumstances and offer preliminary guidance about next steps during a confidential consultation. Schedule yours by calling today.
