Can I File a Premises Liability Claim in Tennessee?
Nashville Slip and Fall Attorney Explains Property Hazards
Accidents can occur anywhere property owners and/or operators neglect taking
reasonable steps to ensure safety. Dangerous conditions in businesses,
parks, private homes, hotels and resorts, and even public places can place
visitors at risk for serious injuries. When accidents happen due to dangerous
properties, victims and their families can often hold the owner and/or
operator accountable through a premises liability claim. Slip and fall
accidents are among the most common reasons for these types of lawsuits.
However, dog bites, swimming pool accidents and hotel injuries may also
be the fault of the property owner.
If you or a family member is dealing with
injuries after slipping and falling, or any other accident, then attorney Stanley
A. Davis can provide the compassionate legal representation you need for
your injury claim. As a
civil trial specialist, he is not afraid to take your case to court if this means getting the
compensation you deserve. His work as a slip and fall attorney includes
a number of significant recoveries, including
$425,000 for a man seriously injured in a retail store. The property owners claimed they were unaware of the dangerous conditions
that led to the accident, but Stanley proved otherwise. Thus, the client
received damages to cover medical bills related to the injury, pain and
suffering, loss of income and other complications.
What are Common Types of Premises Liability Claims?
Property owners have a duty to take reasonable steps to address hazardous
conditions or warn visitors of the dangers. These hazards can be loose
railing, broken floorboards or other fall hazards, but may also include
lax security or carelessness which allows physical or animal attacks.
Some of the most common accidents that may be grounds for a premises liability
Slip and fall accidents. A slip and fall may result from an unaddressed spill, uneven floors,
loose carpeting and debris. Depending on the conditions, a fall may cause
permanent spinal cord injury, traumatic brain injury or even wrongful
catastrophic personal injuries that may result from slip and falls are particularly distressing because
often a simple sign, word of warning or quick corrective fix could have
prevented the accident from ever happening.
Dog bites. Animal owners are legally responsible for the injuries that result when
their pet bites or attacks another person. These accidents are a particular
danger for children, who may sustain severe facial injuries, including
Swimming pool accidents. Falls, diving accidents and the risk of drowning make swimming pool accidents
particularly dangerous. Pool owners must usually take additional precautions,
such as putting up sturdy fencing, to prevent accidental child drowning.
Hotel accidents. Hotel owners must ensure guests and their property are safe on the premises.
Negligent staff, lack of security and fall hazards can all cause serious
injury to guests.
Vacation accidents. Tennessee vacation destinations such as national parks, museums and historical
sites must be properly maintained by the owners to prevent tourist injury.
Five Tips on What to Do After a Slip and Fall
After a slip and fall injury, you may be entitled to collect compensation
from the property owner. To protect your future claim, you should take
certain steps immediately after the accident. These are:
Seek medical attention. Your health following a slip and fall should be your most important concern.
Keep any medical documents you receive, as this will help if you decide
to file a premises liability claim.
Tell whoever oversees the property, such as the owner or manager, about
the accident. If the accident happened at a business, including rental properties,
then the person in charge should file an accident report. This is not
required by law, but many stores have policies that require a report.
If you need to leave to get treatment for injuries, then ask for a copy
before leaving. If you cannot do so immediately, then make sure to follow
up as soon as you can.
Document the scene, if you are able. Take pictures of where the accident happened as well as pictures of any
possible related conditions. Write down the time, date and any other details
about the accident. This can help your lawyer determine fault.
Reach out to anyone who saw you slip and fall, and get his/her contact information. This witness can back up your account
and can be crucial to your case. Your attorney could use witness testimony
to help prove your claim even if the owner then took actions to try to
avoid a lawsuit.
Get advice from a slip and fall attorney. Do not talk to anyone or sign anything before you call a lawyer. Some
insurance companies attempt to get you to sign away your right to file
a lawsuit by offering a low settlement amount to cover your current medical costs.
Can I Sue for a Slip and Fall Accident?
Owners, managers and landlords all have a responsibility for maintaining
and monitoring their properties. If they are negligent and knowingly allow
potential hazards to exist, then they may be liable for any injuries that
result. Whether you can or cannot file a lawsuit to cover your expenses
after a slip and fall accident depends on the details of your claim.
To prove the property owner is at fault for your injury, your lawyer must
demonstrate that the owner did any of the following:
- Caused the dangerous condition to happen, which led to the accident.
- Knew of the hazard and failed to properly remedy the situation.
- Should have noticed the dangerous condition and taken action to remove
or repair it.
Premises liability claims are often complex and will likely require your
legal representation to thoroughly investigate the claim. For example,
if a spill or another hazard happens and someone falls before the property
owner is aware of the danger, then the person injured may not be able
to receive compensation. The owner must have failed to exercise reasonable
care after knowing about the situation.
Additionally, if you are a construction worker who fell on a job site and
suffered injuries, then you may be entitled to file for
workers compensation benefits and, depending on who is at fault, a third party claim.
Every case can benefit from a review. Contact our Nashville law firm to
speak to an experienced slip and fall attorney about your ability to file a claim.
What Kind of Injuries May Result from a Slip and Fall Accident?
Dozens of injuries that vary in type and severity can result if property
owners fail to keep conditions safe for the public. These may include:
Spinal cord injuries. The impact of a fall, especially if you fall backwards, can be sufficient
to break vertebrae and damage the spinal cord. This can cause permanent
full or partial paralysis.
Traumatic brain injuries. A brain injury may result from a fall even if your head does not directly
strike a surface. Even a minor brain injury such as a concussion may require
lengthy recuperation times. A severe brain injury may have much more serious
effects, such as paralysis, personality changes and more. Slip and falls
are a leading cause of both spine and brain injuries,
according to the Centers for Disease Control.
Broken bones and multiple fractures. Depending on your profession, even a single broken bone may keep you
from work. Multiple fractures may require surgery and may result in permanent
Torn muscles, ligaments and tendons. Injuries to the muscles and joints can prevent you from working and may
Wrongful death. A serious slip and fall accident, especially a fall from a height, can
cause fatal injuries.
Need Legal Advice from a Slip and Fall Attorney?
At the Law Office of Stanley A. Davis, our mission is to aid in your recovery
in any way that we can while providing attentive, caring counsel and filing
legal action on your behalf.
If you would like free attorney advice about slip and falls or another
premises liability matter, then
schedule a free attorney consultation today by calling