The Tennessee personal injury attorneys at Baker Associates help those who have been injured on the premises of another—whether at a restaurant, in a public place, at work, or at another person’s home. When accidents occur in such places, you have a right to compensation for your injuries, either from the negligent parties or from their insurance companies.
What is premises liability? In Tennessee, the person, agency or entity that owns or is responsible for maintaining a piece of property in safe condition can be held liable for injuries suffered by an individual on that property. The landlord or operator of that property can be named in a premises liability lawsuit if the person is injured on the property because of negligent maintenance.
For example, if someone slips and falls in a supermarket because employees or the manager did not promptly clean up the spill, the owner of the market can be held liable. If an apartment owner does not keep the property equipped with smoke sensors or fire alarms and injuries are caused as a result of a fire, the apartment owner can be held responsible. If the city does not maintain its sidewalks and someone trips and gets hurt, a claim for compensation may be filed against the city.
In the state of Tennessee, a landowner or manager owes different duties of care to different groups. The first group is an "invitee." An invitee is someone who comes to a property for business or for a purpose that is mutually beneficial to both parties. This includes your visit to a store, restaurant or bar, health club, bank or even the office.
Invitees are the types of persons entitled to the highest "level of care." Whoever is responsible for maintaining the property must ensure that the property is safe for these invitees. If there are damaged items that cannot be fixed, the invitees must be properly warned. Properly warning an invitee of a dangerous condition may involve putting up "slippery when wet" signs or putting yellow tape or cones around a potentially hazardous area.
The second category is "social visitors." This refers to people who are welcome on someone's party, but don't have to be formally invited. For example, a visit to a friend or neighbor's house would be considered a social visit. Property owners must ensure that these visitors are forewarned about dangerous conditions on the property as well.
The third category is "illegal trespassers." These are visitors who are not welcome on the property owner’s property (such as a peeping tom or a burglar). The landowner is only obliged not to intentionally hurt the trespasser.
However, if a person is trespassing on the property of another and injures him or herself, the owner of that property is not liable for his injuries unless the trespasser is a child. If there is a dangerous condition or structure on the property that is likely to attract children (such as a deep hole, machinery or swimming pool), a property owner may be liable under the doctrine of "attractive nuisance" if the child is injured on or near the dangerous condition or structure. There is no liability, however, for natural dangers that have to do with the terrain of your property. Tennessee law relieves the property owner from premises liability if the land is leased to a governmental body for recreational purposes.
If you believe you or a loved one has been seriously injured on another's property because of the property owner's negligence or believe that you have a premises liability claim, please call the experienced premises liability attorneys at Baker Associates for a free consultation. We will evaluate your claim at no cost or obligation.
If you are looking for a personal injury attorney in the Knoxville or Sevierville, Tennessee-area, complete the form below and our office will be in touch with you soon.
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Knox County
2126 First Tennessee Plaza
800 South Gay Street
Knoxville, Tennessee 37929
Phone: 865-521-0001
Sevier County
121 Court Avenue
Sevierville, Tennessee 37862
Phone: 865-428-2888
Sevierville Personal Injury Lawyer Disclaimer: The Tennessee personal injury, auto accident, medical malpractice, wrongful death, or other legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case. Please contact a Tennessee personal injury lawyer or accident attorney at our Tennessee law firm. This web site is not intended to solicit clients for matters outside of the State of Tennessee.
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