What Are Premises Liability Claims?

Call 615-490-6020 To Speak With Our Brentwood Injury Attorneys

A person who is injured due to unsafe conditions on another person's property may be able to recover for injuries based upon the responsibility of the owner to maintain the property. If you have been injured due to the negligence of a property owner, you may accumulate medical expenses and be subsequently out of work for a period of time. Often people need help obtaining compensation for these expenses, and insurance companies can make the process cumbersome.

We at Cole Law Group, are here to help. Call us at 615-490-6020 in Brentwood today!

Building A Premises Liability Claim

For an owner or operator of premises to be held liable for negligence in allowing an unsafe condition to exist on the premises, the injured party typically must prove that

1. The condition was caused or created by the owner, operator, or an agent (person working for them and acting within the scope of employment); or

2. The condition was caused or created by someone else but the owner or operator had actual or constructive notice the condition existed prior to the accident.

Actual notice means simply that the person actually knows and is aware of the unsafe condition. Constructive notice means that the knowledge of the owner or operator is implied because of the circumstances. For example, the owner or operator would be deemed to be on constructive notice if there had been a recurring incident or a pattern of conduct that would indicate the unsafe condition exists.

Typically, the probability and gravity of harm inflicted on a person must outweigh the burden of the owner in engaging in alternative conduct that would have prevented the harm.

Furthermore, the duty of care owed to you by the property owner may depend on why you were allowed on the property. While some states require the owner to have the same duty of care regardless of why you entered the property, other states differentiate the responsibilities of the owner based on whether you are an invitee (someone who was invited on the property with express permission by the owner), a licensee (someone who has permission to come on the property but does so for his or her own purposes (like a salesman), or a trespasser (someone who is not authorized to be on the property). An owner typically has more of a duty to keep the property safe for invitees than licensees, and for licensees more than trespassers.

Potential Types Of Premises Liability Cases

  • Slip and fall accidents: These accidents occur when you slip or trip on someone's property due to unsafe conditions. Slip and fall accidents can result from wet or oily floors, hidden wires or cords, unsecured rugs or carpets, thresholds, loose floors, steps or stairs, etc.
  • Snow and ice accidents
  • Swimming pool accidents: These accidents occur when a pool is not safeguarded against use by unsupervised individuals, particularly children.
  • Inadequate building maintenance accidents
  • Inadequate building security accidents: These accidents typically occur at apartment buildings or offices in which owners have a duty to reasonably secure access to the building for tenants.
  • Animal bites (typically from pets)
  • Fires that could have been otherwise limited or avoided
  • Water leaks or flooding
  • Toxic fumes and chemicals

Contact Cole Law Group For An Initial Consultation

If you have had an accident on another person's property, be sure to contact our office and speak with a Brentwood personal injury lawyer as soon as possible following the incident. Bringing a suit soon after the accident helps ensure that evidence is preserved. Also, you must be aware that if the statute of limitations has expired, you will no longer have a valid claim to sue for damages. In Tennessee the statute of limitations for personal injury cases can vary from one to five years depending upon the type of claim.