If Someone Falls on My Property, who is Liable?
Slip and falls can happen at work, school, the grocery store, a parking lot, or even at a friend’s house. No matter the location, a slip and fall can result in serious injuries requiring hospitalization.
Tennessee has strict laws regarding the responsibilities of property owners. All property owners have a duty of care to visitors and patrons to ensure their safety. Our Tennessee slip and fall lawyers are here to share current statistics and state laws regarding premises liability.
Slip and Fall Statistics
- Slip and falls account for over 1 million emergency room visits each year
- Hip fractures are considered the most serious fractures from slip and fall accidents
- Falls are the second leading cause of spinal cord injuries and traumatic brain injuries
- 67% of those who die from falls are people 75 years old and over
- Floors and flooring materials are a major contributor to nearly 2 million falls each year
Tennessee Premises Liability
Property owners in Tennessee have a duty to visitors to ensure that their property is safe. If an injured party can prove that a property owner knew or should have known about a hazardous condition but failed to make the necessary repairs, then the plaintiff will be able to recover in a personal injury claim.
Premises liability claims are based upon negligence. This requires the plaintiff to demonstrate the following:
- The defendant (you) owed the plaintiff a duty of care
- The defendant breached that duty
- Due to the defendant breaching his or her duty, the plaintiff suffered injuries and financial losses
Do I Owe the Same Duty to a Trespasser?
A trespasser is someone who enters a property and remains without permission. Under Tennessee law, a property owner does not owe a duty of care to a trespasser. However, the owner does have a responsibility to not willfully or intentionally cause the trespasser harm. Even so, the property owner may willfully or intentionally cause the trespasser harm if the owner is attempting to prevent a criminal offense.
A TN Slip and Fall Lawyer Offering Aggressive Representation
If someone has slipped and fallen on your property, you are probably wondering if you will be responsible for paying for their medical bills and other costs. Before you speak with your homeowners’ insurance, give us a call.
Our Tennessee slip and fall lawyers have experience with premises liability claims and are here to help. Contact us today online or by calling 615-256-6666 to schedule your free consultation.