Memphis Premises Liability Lawyer

Memphis Premises Liability Attorney

When someone makes the decision to become the owner or manager of a property, they are also making the choice to take on specific responsibilities. Making sure the conditions of the property remain safe and secure is one of the most crucial responsibilities an owner has. Failing to maintain a property can lead to hazards, which can then lead to someone getting hurt. Anyone who is injured due to an owner’s negligence should contact a Memphis premises liability lawyer.

It doesn’t matter what property you are on or who it is owned by; there is an expectation that it is safe for you to be there, or at least that you will be told when it is unsafe and you are at risk of being harmed. This is known by lawyers as premises liability law.

Why You Should Choose Bailey & Bailey Law Firm

At Bailey & Bailey Law Firm, our team has seven decades of collective experience practicing law. We are well-equipped to address your concerns and handle your case with respect and care. At our family-oriented firm, you can expect to be treated like family while we work diligently on your case. We work our hardest to make sure all of our client’s questions are answered in a timely manner and that they are kept informed about everything that happens with their case.

You can count on the attorneys at Bailey & Bailey Law Firm for strong representation and to get you the compensation you deserve.

What Is Premises Liability?

Premises liability is an important area of personal injury law that can be somewhat complicated. When someone is hurt on a property due to unsafe conditions, it may be possible to hold the property owner responsible for the injuries sustained.

Property owners living in the state of Tennessee are legally responsible for making sure their property is completely safe for anyone who comes on the premises. Any hazards that come up are the responsibility of the owner to either repair or inform those who visit of the possible danger. A property owner who fails to acknowledge and tend to the hazardous conditions can be held responsible for losses and damages if a visitor gets injured.

Cases such as these are referred to as premises liability cases. They can become very complicated for any individual, especially if you are seeking compensation from a property owner who feels they are not responsible. A consultation with a premises liability lawyer is necessary to understand exactly what rights you have as the injured party.

A Property Owner’s Duty of Care

Property owners and property managers have a certain duty of care that they owe to people who come on the premises. If they do not properly exercise this duty of care by correcting hazardous conditions or warning others, they could be held liable for any case of injuries or damages.

This duty of care, though, does not extend to every single person who comes on the property. It depends on who the person is and why exactly they are on the property. According to Tennessee law, those present on another person’s property can be separated into three types:

Trespassers – Property owners do not usually owe a duty of care to a trespasser since they are not welcome on the property. The only time a duty of care is owed to a trespasser is when the trespasser is a minor, and the owner has not taken proper precautions to prevent obvious harm.

Licensees – When a property owner gives someone else the legal right to use their property, that person is known as a licensee. By law, the owner owes a duty of care to them. In a case where the licensee is injured on the property due to the owner’s negligence, two things would have to be proven:

1. The owner had full knowledge of the hazards on the property.
2. The licensee could not have known about the hazard without being told by the owner.

Invitees – Invitees are invited to a property by the property owner. A duty of care is always owed to invitees. The owner is legally obligated to exercise reasonable care and make sure their property is free of hazards or that invitees are made aware of the hazards.

Premises Liability Accidents

A negligent property owner creates a possibility of a hazard for anyone who comes onto their property. An owner can be negligent in more ways than one. A slip and fall accident may be the most common form of a premises liability accident. When a slip and fall occurs on a property because of unsafe conditions, the injured party should contact a slip and fall attorney in Memphis, TN. Other premises liability accidents include:

• A trip and fall accident – tripping over a broken step, floorboard, unrepaired carpet, or any other hazard that can be repaired.
• A dog bite accident – being bitten or attacked by a dog on another person’s property is considered a premises liability accident.
• A falling object – an injury caused by something falling on you while on a property.
• A swimming pool accident – an injury sustained while swimming in or around a pool. This could be drowning or slipping.
• An escalator or elevator accident – an escalator or elevator malfunction causing an injury.

Can I Still Receive Compensation if I am Partially Responsible for My Injuries?

As an adult on someone else’s property, you are expected to exercise reasonable care for your own safety. It is still possible for you to receive compensation even if you hold some fault in your accident, but only to a certain extent. You may not get all of the compensation you feel you are owed; you may not get any compensation at all.

The state of Tennessee follows the modified comparative fault rule for accidents. Based on the amount of fault you have in the accident, your compensation decreases. If you are found to hold 30% of the fault, your compensation decreases by 30%. Furthermore, if it is found that you are at least 50% at fault, you may not receive any compensation at all.

FAQs

What Is the Premises Liability Law in Tennessee?

The premises liability law in Tennessee states that property owners must take reasonable care and make sure their property is safe for others. There should be no risks of danger or harm. However, the law also states that owners owe no duty of care to trespassers except in the case of a child. The owner cannot intentionally harm any trespasser unless they are trying to stop or prevent them from trespassing or engaging in some other criminal act on the owner’s property.

What’s the Difference Between Personal Liability and Premises Liability?

The difference between personal liability and premises liability is simple. Personal liability refers to an individual’s own actions that cause damage. A driver causing a car accident is an example of personal liability. As a driver, you are expected to exercise reasonable care on the road. If you cause an accident, that is your personal fault.

Premises liability refers to a person getting injured on someone else’s property because the owner did not exercise reasonable care. This owner may not have taken action to cause the accident, but refusing to repair a hazard means they could still be liable for damages and injuries.

What Is the Statute of Limitations for Premises Liability Cases in Tennessee?

The statute of limitations for premises liability cases in the state of Tennessee is exactly one year in most cases. This means you have one year from the day you sustain your injury to file a claim. Failing to file a claim in the time frame given means you lose the opportunity to file a claim at all. This also means you could lose out on compensation, so you should open a case as soon as possible. An attorney may still be able to assist you if you do miss the deadline. In some cases, exceptions are made.

What Describes a Liability in Which an Owner Is Liable for an Injury to a Person or Damages to a Property Without Being at Fault?

A liability where an owner is liable for an injury to a person without being at fault is called strict liability or absolute liability. If damages are severe enough, a property owner may be held liable for an accident even if there was no negligence. With strict liability, no fault has to be proven. For this reason, a strict liability case is often easier to win.

Memphis Premises Liability Lawyer – Slip and Fall Attorney TN

Dealing with the aftermath of an accident can be very stressful, especially when you take legal action against the person who is liable for your injuries. Hiring a premises liability lawyer from Bailey & Bailey Law Firm could give you a great chance of getting the compensation you deserve. Schedule a consultation today. Our team can handle the legal aspects of your case while you focus on recovering from your injuries.