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) 691-2777 today to schedule a free consultation with a Knoxville premises liability lawyer who will fight for you.
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.
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) 691-2777 today to get help from a premises liability lawyer who can help you to make your case.