Nashville Premises Liability Case Dynamics

Premises liability cases occur when a property owner neglects their responsibility to maintain an environment that is safe for all visitors. When an individual is injured on a property as a result of this negligence.  If you have been injured as a result of someone else’s negligence, get in touch with a qualified premises liability attorney who understands Nashville premises liability case dynamics, and can advocate for you.

Aspects of a Premises Liability CaseOne of the most important things to know in a premises liability case is,  what caused the injury on the premises. Most injured people merely state they were at the grocery store, slipped and fell. Unfortunately, that is not enough information to file a solid claim and recover damages.

People do not understand that it is not enough to just be injured on someone else’s property. An injured person has to prove that it was not their fault. The first thing an injured person has to prove is causation; that the owner of the property knew that there was a dangerous condition, or they created that dangerous condition and failed to protect individuals from it.

Evidence in Premises Liability Cases

When considering  Nashville premises liability case dynamics, an individual should always consider the role of evidence in their case and should know how important it is to preserve evidence. If a person is hurt on someone’s property, they need to immediately contact a lawyer or notify the store/restaurant/business where the individual was injured, and find out what caused the danger that caused their injury. In other words, if there is a video, if there is a witness; an injured person has to gather all that information quickly. If this information/evidence gathering is not done immediately, it is very hard to prove what the cause of the dangerous condition was and that the owner should have known about the dangerous condition. Without that information, an injured person cannot expect to win their case.

The Defense in Nashville Premises Liability Cases

The defense can be very aggressive in their approach to Nashville premises liability cases. There is a defense in Tennessee that states that anyone on property has a duty to see what is to be seen. In other words, if a person falls in a hole or slips on water or spilled milk at a grocery store, the defense will often argue that the injured person should have been looking where he was going. When an experienced attorney is representing the business in these cases, it is difficult for the injured person to show that it was not easy to see the liquid on the floor, or that the hole was covered up and not visible from an angle. An injured person has to be wary of that defense.

Visitor Status and Duty of Care

Another one of the Nashville premises liability case dynamics that it is important to consider is the status of the visitor. In Tennessee, there are two categories of visitors. They are all grouped together and have a legal right to be on the property. The first would be an invitee or a licensee. That person can be a business invitee; someone who is going to a store, restaurant, tavern, or wherever, and has the right to be there.

The second kind of visitor would just be a social visitor. That can be somebody who goes to a person’s house, whether or not they have a formal invitation. People who know each other well know that they can drop by someone’s home anytime and all those people are in the same category. The owner of the property owes those people, who are legally on the property, a duty to provide them a safe place to visit, to protect them from any dangers that they do not know about or could reasonably know about.

An illegal trespasser is somebody who comes on the property without permission and they are entitled to the least amount of care. It could be a burglar, a criminal, a poacher. Tennessee code Annotated 24-34-208 defines a trespasser as a person who enters the property, remains on the property without either actual or implied permission to do so, or a person who is on that property in a manner that would constitute a criminal trespass. If that is the case, the owner of the property owes no duty of care to that person except they cannot willfully or intentionally harm them.

Hiring a Lawyer

Premises liability cases are very nuanced and complex. It can be difficult to prove certain elements and to establish liability. That is why if you have sustained an injury on premises due to a negligent property owner, you should contact a skilled personal injury lawyer. A local, experienced premises liability attorney will know all about Nashville premises liability case dynamics and will be prepared to build your case. Contact a lawyer who can devote the time and resources necessary, to build your case.