As defined by Nashville Law, private property is any property that is owned either by an individual, corporate entity, corporation or partnership. It is any type of real estate that is not held or owned by the government or the public.
Nashville private property premises liability lawyers have seen cases where both trespassers and visitors have been harmed due to negligence. A visitor is anyone that comes upon the property, although that term is generally reserved for an invited guest or invitee.
A visitor is somebody who has permission, whether expressed or implied, to be on the property. Contact a distinguished premises liability attorney to begin filing your injury claim for any damages you may deserve.
Defining a Property Trespasser
A new Tennessee law, Tenn. Code Ann. § 29-34-208, defines a trespasser as any person that enters or remains upon real property of someone else without either actual or implied permission.
A person who engages in illegal conduct would constitute criminal trespass under the Tennessee Code. Simply said, a trespasser is somebody who has no legal duty to be on the property, was not invited on the property, and should not be there.
Exceptions for Children Trespassers
Sometimes with trespassing, it is important to know what the person knows and what their intentions are. A child does not have the same capacity to intentionally trespass on someone’s property.
Tennessee has codified some exceptions as to duties owned to children that may technically be seen as a trespasser, e.g., if the person that owns the property knew that there was a dangerous condition on the property.
It was not a natural condition on the property and that person who owned it knew that it was something that would likely pose a risk of bodily harm to children would be an exception to children trespassing.
If the person who owns the property knows that children are likely to trespass onto the property, being lured upon the property because of a dangerous condition and do anything about it.
Role of Liability in Cases Involving Children
If the property owner knows that children use the property as a playground, then they are going to be liable to the children, even though they may be trespassing. Family members or loved ones of an injured child should contact a Nashville private property premises liability lawyer for any harm that occured due to another party’s inaction.
If a child could not readily be aware of the dangerous condition or understand that it is dangerous, then that property owner is going to be liable for not protecting the children from that danger.
If the property owner fails to use reasonable care and creates a dangerous situation for children, the property owner will lose any immunity or defense to that claim because they had a duty to protect children from things they just do not understand.
Tennessee Comparative Fault Laws
It is important to contact a Nashville private property premises liability lawyer when filing a claim because fault is typically decided by the jury. A local attorney has the experience to prepare you for trial. Tennessee’s comparative fault lawis focused on a 50 percent maximum liability of a victim.
If the jury says the landlord or property owner was 80 percent at fault and the victim was 20 percent at fault, the damages that are awarded to the victim will be reduced by 20 percent.
The 50 percent magic number in the comparative fault system suggests that if the victim is more than 50 percent at fault, they will not recover any damages. The victim has to prove that the property owner was more than 50 percent at fault in order to recover in Tennessee.
Difference in Consequences for Commercial Property Injuries
The landowner is responsible for a dangerous or unsafe condition on their property, whether it is private or commercial. The standard of care for commercial property is usually higher in the eyes of a jury or a judge.
People have an expectation when they go to a retail establishment that it is safe. This means people often assume that the parking lot is in good condition and well lit and any steps leading into the establishment are in a safe condition and will not break.
When a business owner is inviting someone on their property and is going to make a profit off of the invitation, there is a heightened duty to make sure the place is safe. Contact a Nashville private property premises liability lawyer for any injuries you may have sustained on someone else’s property.
The insurance company has a legal team. You should too.
