Property owners are expected to maintain their properties in a manner that is safe for visitors and to provide warnings of any known hazards or dangers. This requirement may apply to all types of property owners including landlords, homeowners, and business owners.
If you suffered an injury while visiting someone else’s home or business, you may have a valid premises liability claim. If a landowner does not address any dangerous conditions on their property or fails to take appropriate measures to prevent unlawful activity, they could be held accountable.
An experienced Murfreesboro premises liability lawyer could discuss the facts of your case and determine whether you are entitled to compensation. Recovering the costs of injuries and damages may require working with a compassionate personal injury attorney who could use legal strategies to prove liability.
Property Owner’s Duty of Care in Murfreesboro
Property owners owe different duties of care to different people. Visitors to properties are categorized into three groups:
An invitee is a person who visits the property for a business or a purpose that is mutually beneficial for the guest and the property owner. Invitee owners are entitled to the highest level of care.
Licensees are welcome on a premise but do not necessarily have to be invited. Family members or friends can be considered licensees because they are social visitors.
A trespasser is considered a visitor who is not welcome on a property owner’s land. The property owner is only obligated to not intentionally injure the trespasser. Thus, if a trespasser is injured due to unsafe conditions or lack of warnings, the property owner may not be liable.
Important Legal Elements of a Premises Liability Case
Filing a lawsuit against a property owner may be appropriate if a hazardous condition on their property caused an accident in which the visitor was hurt. Plaintiffs may be tasked with proving the four factors of duty, breach, causation, and damages.
An injured plaintiff may first need to prove they were lawfully allowed to be on the property and that the business proprietor or landlord should have known about a hazardous condition on the premises. The plaintiff needs to show that the owner failed to reasonably address the condition or provide adequate warning to the visitor, which directly caused the injury.
The property owner may not be liable if they knew of a dangerous condition and fixed it. Only harm that is preventable and foreseeable must be addressed by the landowner. A property owner may also not be liable for trespassers unless a trespasser can prove the owner caused them intentional harm. Speak with a Murfreesboro premises liability lawyer to learn more about the legal elements in a case.
Statute of Limitations for Accidents
According to Tenn. Code Ann. § 28-3-104, the statute of limitations for plaintiffs to file a premises liability lawsuit in civil court is one year from the date of the accident to file a lawsuit. If a plaintiff fails to file by the deadline, they may lose the ability to pursue compensation from the responsible parties.
If the injured plaintiff was hurt and files a claim after the allotted time, their legal action may be barred. A seasoned Murfreesboro premises liability attorney could help an injured victim file a claim within the statute of limitations. If an injury results in someone’s death, any wrongful death claim brought by the representatives of the deceased person is subject to the same one-year lawsuit filing deadline. The difference is that the statute of limitations “clock” starts on the day of the death.
How a Murfreesboro Premises Liability Attorney Could Help
Premises liability issues can be confusing because they differ in every situation and are based on who entered the property and the reason they were there. If you have questions about an injury that occurred on someone else’s property, you may need to speak with an experienced Murfreesboro premises liability lawyer. An attorney could aggressively pursue compensation to which you may be entitled. To learn more, call today.
The insurance company has a legal team. You should too.
