Injured Due to a Negligent Property in Knoxville?
Contact The Lawyers of Brown & Roberto Today
Accidents are the third leading cause of death in Tennessee, according to the Centers for Disease Control and Prevention. In total, 7,114 people died as a result of accidents in the state in 2022.
These accidents take many different forms, but sadly many tragic incidents occur due to unsafe property conditions. From unsecured swimming pools to slippery floors, hazardous conditions on public and private property can cause devastating loss.
If you or someone you love was hurt on another person’s land or in their home, you may have the right to recover compensation for your losses. The Lawyers of Brown and Roberto can help you to understand your options.
Our firm has recovered more than $50 million for clients, including $900,000 in a recent premises liability claim when a client was crushed due to negligent property maintenance and $300,000 in compensation after a fall injury on an unmaintained property.
We are ready to earn your trust and help with your case, so give us a call at (865) 390-7237 today to schedule a free consultation with a Knoxville personal injury attorney who will fight for you.
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What Does Premises Liability Law Mean?
In most personal injury claims, you must prove negligence to recover compensation for losses. The same is true after an injury on the property. However, a special body of laws, called premises liability laws, determines the obligation that property owners have to you.
As a case called Rice v. Sabir explains, the owner or occupier of a property has a duty or obligation to exercise “reasonable care with regard to social guests or business invitees in the premises. The duty includes the responsibility to remove or warn against latent or hidden dangerous conditions on the premises of which one was aware or should have been aware through the exercise of reasonable diligence.”
The law even establishes that property owners have certain obligations to trespassers, although those duties are more limited. As Tennessee Code Section 29-34-208 states,”a possessor of real property owes no duty of care to a trespasser except to refrain from willfully, with negligence so gross as to amount to willfully, intentionally, or wantonly causing injury.”
There is an exception, though. If a property owner creates an attractive nuisance, or dangerous condition like a swimming pool that would attract children, then their duty to trespassers is greater as they must take extra steps to keep them safe from this added danger.
Violating these duties to invited guests or trespassers can make property owners or occupiers liable for your damages.
Proving Negligence in a Tennessee Premises Liability Case
When you are injured on someone else’s property, proving that the property owner was negligent is critical to your case’s success. This isn’t always straightforward; property owners and their insurance companies often dispute liability claims.
However, with strong evidence and an attorney’s support, you can present a strong case that proves that the defendant was responsible for your accident.
To establish negligence in your premises liability case, you must prove four elements:
- Duty of Care: The property owner had a legal obligation to maintain their premises in a reasonably safe condition for visitors like you. This duty varies depending on your status as an invitee, licensee, or trespasser when the accident occurred.
- Breach of Duty: The property owner failed to meet their obligation in some way. Common examples are failing to address known hazards, failing to inspect their property regularly, or not warning visitors about dangerous conditions.
- Causation: The property owner’s negligence directly caused your accident and subsequent injuries. You must show that your injuries wouldn’t have occurred if the property owner had fulfilled their duty of care.
- Damages: You suffered physical injuries, financial losses, or other measurable damages as a direct result of the property owner’s negligence. You can recover compensation for these damages in your claim.
The Lawyers of Brown & Roberto know how challenging it can be to navigate these legal requirements while you are recovering from your injuries. We will immediately begin building your case by conducting a thorough investigation and gathering as much evidence as possible.
Our firm will review maintenance records, examine security footage when available, and work with experts to reconstruct the incident to prove your right to compensation.
What Damages Can You Recover in a Tennessee Premises Liability Case?
If you can successfully prove negligence in your case, Tennessee law allows you to recover various types of damages to help rebuild your life. You may be entitled to recover several categories of damages in your premises liability claim:
- Medical Expenses: You can recover all reasonable medical costs related to your injury, including emergency room visits, hospital stays, surgeries, medications, physical therapy, and future medical care your injuries will require.
- Lost Wages: You have the right to claim the income you have lost while recovering from your injuries, as well as reduced earning capacity if your injuries prevent you from returning to your previous level of employment.
- Pain and Suffering: This category of compensation addresses the physical pain, emotional distress, and mental anguish you have endured and will continue to experience due to your injuries.
- Property Damage: You can be reimbursed for any personal property damaged during the incident, such as clothing, electronics, or your vehicle.
How Long Do I Have to File a Premises Liability Claim in Tennessee?
Time is absolutely critical in Tennessee premises liability cases. You have only one year from the date of your injury to file a lawsuit against the responsible property owner.
If you miss this deadline, you will likely lose your right to seek compensation forever, regardless of how strong your case might be. Don’t let valuable time slip away. Contact a Knoxville premises liability lawyer immediately to protect your legal rights.
Your Rights Under Premises Liability Law
If you can show a property owner did not fulfill their obligations to you, you can recover compensation for economic losses such as medical bills and lost wages.
You can also recover compensation for non-economic losses, such as pain and suffering, up to the $750,000 limit set in Tennessee Code Section 29-39-102 for non-economic damages. This limit is raised to $1 million for catastrophic injuries.
You’ll need to act quickly to enforce your rights, though, as Tennessee Code Section 28-3-104 establishes a one year statute of limitations for injury claims.
Call Our Knoxville Premises Liability Attorney Today
After an injury on someone’s property, you need legal help determining your status on the property and proving that the defendant was unreasonably careless in protecting your rights.
Contact The Lawyers of Brown and Roberto at (865) 390-7237 today to get help from a premises liability lawyer in Knoxville who can help you to make your case.