In 2020, there were 970 fatal falls in Tennessee, according to the state’s Department of Health. While fatal falls are devastating tragedies, any slip, trip, or fall can cause serious and lasting injuries and leave victims with their lives forever changed.
If you or a loved one was hurt in a fall, you need to understand your rights under Tennessee laws. This means you owe it to yourself to hire a personal injury attorney in Knoxville who will fight for you.
The Lawyers of Brown and Roberto can help. Our lawyers are members of the Million Dollar Advocates Forum and have been named among America’s Top 100 Attorneys. We’ve recovered more than $50 million in compensation for clients including slip and fall victims and we work hard to earn your trust so you can focus on recovery as we fight for fair compensation.
Give us a call or contact us today at (865) 691-2777 to speak with a slip and fall lawyer in Knoxville as soon as possible. Your consultation is free and does not require an office visit, and we will not charge you any legal fees unless we win your claim and recover compensation for you
How Do Slip and Falls Happen in Knoxville
Slips and falls often occur as a result of unsafe conditions on the property. This can include:
- Narrow and poorly lit walkways
- Debris on the floor
- Slippery floors
- Uneven floors
- Cracked tiles
- Changes in flooring surfaces
- Changing in flooring elevations
- Broken railings
These are some of the most common reasons why people slip or trip and fall. Unfortunately, in many cases, these unsafe conditions are created by the property owners who fail to fulfill their legal obligations. If you are harmed on someone else’s property, you may be able to hold the owner or occupier accountable and recover compensation from them for your losses.
A Knoxville slip and fall lawyer will guide you through the legal system and help you to get “made whole” or fully compensated for the damage you endured.
Types of Slip and Fall Injuries
When someone falls due to unsafe property conditions, the force of impact combined with awkward landing positions often leads to multiple injuries. These accidents frequently cause both immediate trauma and long-term complications that may require extensive medical treatment and rehabilitation.
Some of the most common slip and fall injuries include:
- Traumatic brain injuries
- Spinal cord damage
- Broken hips
- Fractured wrists
- Shoulder dislocations
- Knee injuries
- Herniated discs
- Torn ligaments
- Ankle sprains
- Internal bleeding
- Nerve damage
- Facial injuries
- Dental trauma
- Muscle tears
- Joint damage
- Chronic pain conditions
Premises Liability Laws and Knoxville Slip and Fall Claims
In premises liability claims, special rules apply. You must show that the property owner failed to fulfill their obligations to you. However, those obligations vary depending on why you were on the property in the first place.
For example, as Rice v. Sabir explains, the duty of the property owner or occupier is 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.”
Business invitees are afforded the highest level of protection under the law, while social guests — such as visiting friends and neighbors — are afforded an intermediate level of protection. Trespassers, on the other hand, may find it more difficult to make a claim due to the low level of responsibility the property owner has towards them under the circumstances.
Under Tennessee Code Section 29-34-208, “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.”
However, while most visitors are entitled to a safe premises, property owners aren’t necessarily responsible for every misfortune that visitors experience. As Jones v. Publix Supermarket, Inc. makes clear, plaintiffs can win under premises liability laws if they show:
- The property owner was negligent or unreasonably careless.
- The dangerous condition that exists on the property was created by the owner, operator, or agent. If the condition was instead created by someone else, the owner or operator must have had actual or constructive notice of the risks
A Knoxville premises liability lawyer can help you understand how these rules apply to your claim and make a compelling argument that you should be entitled to damages for any losses resulting from your slip and fall.
Your Rights After a Slip and Fall
After a slip and fall, you have one year to make a claim for injury-related damages under Tennessee Code Section 28-3-104. If you are successful, you should be compensated for:
- Past and future medical care arising from your slip and fall injuries
- Lost income or earning power due to fall-related injuries
- Pain and suffering damages
- Emotional distress damages
Both pain and suffering and emotional distress are subject to a damage cap found in Tennessee Code Section 29-39-102 which limits compensation for non-economic damages to $750,000 max or $1,000,000 in cases of catastrophic injury.
While this damage cap limits your ability to recover, an experienced attorney can still fight to get you the most money possible given the state’s laws and the nature of your claim.
Proving Negligence in Knoxville Slip and Fall Lawsuits
By filing a slip and fall accident lawsuit, you can recover financial compensation to help pay for the medical care, wage loss, property repairs, and other damages associated with the incident. However, a successful claim requires you to prove that the owner’s negligence caused the accident. You will need to gather enough evidence to establish the following facts:
- Duty of Care: The property owner had a legal obligation to maintain safe premises. The extent of this duty of care will depend on whether you were a licensee, an invitee, or a trespasser at the time of the accident.
- Breach of Duty: The property owner violated this duty of care in some way and exposed you to a hazard on the premises. Examples may include failing to clean up a spill in a grocery store aisle within a reasonable time after becoming aware of it or failing to fix a broken handrail despite multiple complaints from tenants.
- Causation: The property owner’s failure to uphold their legal duties caused your slip and fall accident. If the owner had maintained their obligations, your accident and injuries would not have occurred.
- Damages: You sustained damages, such as medical expenses and lost wages, in the slip and fall accident that you can collect in your lawsuit. Evidence such as medical bills, wage statements, repair invoices, and expert testimony can establish your right to damages.
Mistakes to Avoid After an Unexpected Fall in Tennessee
The actions that you take after a slip and fall accident can impact your ability to recover fair compensation. Unfortunately, some people make all-too-common mistakes that allow insurers to minimize liability or even deny claims altogether. These errors can also affect your ability to make a compelling case in court.
To protect yourself after an accident, contact a Knoxville slip and fall accident lawyer right away. An attorney can provide important guidance and help you avoid common mistakes, such as the ones below:
- Not Going to the Doctor: Delaying medical treatment allows insurance companies to claim your injuries came from another incident or weren’t as serious as you claim. Always seek immediate medical attention to document your injuries and protect your health.
- Apologizing or Admitting Fault: Even saying “I’m sorry” or “I should have been more careful” can be used against you by insurance companies. These statements may be interpreted as admissions of fault, even when dangerous conditions caused your fall.
- Posting on Social Media: Adjusters may monitor social media accounts for posts that could contradict your claims. Even innocent photos or comments about your daily activities could be taken out of context to minimize your injuries.
Waiting Too Long to File: Tennessee has a one-year statute of limitations for personal injury lawsuits. If you try to file after the deadline, you will likely lose your right to pursue financial compensation.
Let Our Knoxville Slip and Fall Attorneys Help You File Your Claim
Premises liability laws are complicated. You will likely be negotiating with a homeowner’s insurer or business liability insurer that wants to pay you as little as possible for your fall-related injuries. You need an advocate on your side who will help you to avoid settling your case for less than its worth and who will work diligently to help you get the maximum compensation possible.
The Knoxville personal injury lawyers at our firm have successfully negotiated many settlements for clients for the past two decades and we are proud of the trust our clients have placed in us to get them the funds they deserve. As members of the Tennessee Trial Lawyers Association, we are also experienced in litigation and ready to defend your rights in court to maximize the money you’re paid for your loss.
To find out more about how a Knoxville slip and fall attorney at our firm can help you, contact the Lawyers of Brown and Roberto at (865) 691-2777 today. Your consultation is free and our firm works on contingency which means we get paid our legal fees only if we recover for you. You can trust us to be in your corner and we’ll focus on getting you compensated for your fall while you worry about recovery.