You may be able to recover for injuries suffered because of the negligence of a property owner or lease holder to maintain premises in a reasonably safe condition. The duty to maintain property such as to preclude injury to invitees extends to inspection on a regular basis. The premise holder’s duty to keep the property in a reasonable safe condition further covers not only defects or dangerous conditions known to the proprietor or resident, but to all that should have been known, but for the exercise of seasonable inspect and maintenance.
Construction and third party claims
Often, a property owner or lease holder’s enjoyment of real property is interrupted by third party construction projects that materially alter proper accessibility or intended use of the premises. You may be able to recover from addition third parties who contribute to a dangerous condition.
Overcoming fault attributed to you
Common defenses to a premise liability claim frequently revolve around blaming the claimant for failing to see what was there to be seen, that is to say, an open and obvious danger. Tennessee has what is known as modified comparative fault, whereby even if the claimant is guilty of some fault for his or her injuries, as long as the claimant’s conduct did not exceed forty nine per cent of the cause of the injuries, the claimant may still recover. The award will be reduced by the percentage of fault attributed to the claimant.
However, we will zealously represent you in overcoming attempts to defeat your claim by assessing fault to you. The duty to appreciate an open and obvious defect may by greatly diminished if you are forced to travel by the only means of entrance or exit available to you. The duty of the claimant to appreciate potential danger can also be reduced by poor lighting or insufficient signage. You may also be otherwise distracted by business or merchandise displays that are designed specifically to grab your attention to the display… and away from the path you are walking.
Injury is real, whether it occurs from a collision from an inattentive driver or a slip and fall due to conditions that give rise to an action for premise liability. While a motor vehicle operator’s negligence may result from a momentary lapse of focus, in many instances a premise liability action may be based on a condition that has been present for a long time… literally, an accident waiting to happen.
To learn more about how we can help you or to get your questions about premise liability answered in a free initial consultation, please call 865-525-7113 or Contact Us.