Who Is Liable in a Tennessee Slip and Fall Accident?

Although slip-and-fall accidents might seem minor, they can result in severe injuries like broken bones, head injuries, and back injuries. After a slip-and-fall accident, the financial burden can significantly impact victims and their families. Fortunately, in Tennessee, if you sustain an injury due to an unsafe condition on another’s property, you can file a claim and seek compensation.

A common question that arises following a slip-and-fall accident is, “Who is legally responsible for my injuries and damages?” The answer to this question is not as direct as you might be hoping. Liability in a Tennessee slip-and-fall claim depends on the circumstances. Different parties could be held liable.

Tennessee Premises Liability Law

Slip-and-fall cases fall under premises liability law. Tennessee premises liability law requires property owners or operators to use reasonable care to maintain safe premises for visitors. Property owners and operators may be held liable for injuries caused by dangerous or unsafe conditions on their property.

But what does “using reasonable care to maintain safe premises” mean? Generally, property owners and operators should;

• Inspect their properties for dangerous conditions
• Fix those dangers
• Warn visitors about dangerous conditions

In Tennessee, property owners and operators owe invitees the highest duty of care, followed by licensees. Tennessee property owners and operators owe minimal duties to trespassers.

• Invitees: They are typically invited onto a property for commercial or business purposes. An example is someone who shops at the supermarket.
• Licensees: They are invited onto a property for social purposes. Usually, licensees enter a property for personal reasons.
• Trespassers: They do not have permission from the property owner to be on the premises.

How Is Liability Determined

In Tennessee, liability in a slip-and-fall case is not automatic. To recover compensation, you need to demonstrate that;

• A dangerous condition was present on the property.
• The property owner, operator, or another responsible party knew or should have reasonably known about the danger.
• They neglected to take appropriate measures to rectify the situation or provide sufficient warning about it.
• This negligence directly caused the accident and injuries that followed.

For example, if a spill on a grocery store floor is ignored for hours, resulting in a slip-and-fall accident, the store may be held liable.

Potential Liable Parties

Different parties may be liable in a Tennessee slip-and-fall case, including the following;

• Property owners or landlords: They have a duty to ensure safe conditions in commercial spaces, rental properties, and apartment complexes.
• Business operators leasing a property: Stores, restaurants, and other businesses are responsible for ensuring their premises are safe for customers and staff.
• Contractors: If a third-party contractor caused or failed to correct a dangerous condition, they may be held liable (at least partially) for a slip-and-fall accident
• Government entities: If a slip-and-fall accident happens on public property, such as a city park or a government building, a government agency may be liable. These cases, which are governed by the Tennessee Government Tort Liability Act (TGLA), have special rules and may be complex.

Steps to Take After a Slip-and-Fall Accident

After a slip-and-fall accident, here are key steps to take;

• Report the accident
• Take pictures of the accident scene
• Get witness information
• Seek prompt medical care
• Consult an attorney

It is vital to act fast to protect your legal rights.

Legal Help Is Available

If you’ve been in a slip-and-fall accident, contact our skilled Knoxville slip & fall attorney at Reynolds, Atkins, Brezina & Steward, PLLC for legal help.

Source:

ctas.tennessee.edu/eli/tennessee-governmental-tort-liability-act