If Someone Falls on Public Property, Who is Liable?
You are at your favorite park when you lose your footing due to a large crack in the sidewalk. You end up tearing a ligament in your knee, requiring immediate surgery. While recovering from surgery, you keep wondering how you are going to pay for your medical bills.
Tennessee premises liability laws state that property owners have a duty of care to those who have permission to be on the property. While this applies to private property owners, who is responsible if someone falls on public property?
If you have suffered an injury on government property, our Tennessee slip and fall lawyers are here to recover the compensation that is rightfully yours.
Tennessee Premises Liability Laws
Property owners in the Volunteer State have a duty to warn guests of any hazards on the property and should take reasonable measures to keep the property safe. Property owners owe patrons (anyone invited onto a property for business or commercial purposes) a higher level of care. Under the law, a business owner has a duty to inspect the property and repair any defects to ensure a patron’s safety.
For a plaintiff to recover compensation from a property owner or lessor, the following elements of negligence need to be proven:
- The defendant owed the plaintiff a duty of care
- The defendant breached his or her duty of care
- Due to the breach of duty, the plaintiff sustained injuries
Liability for a Slip and Fall on Government Property
Individuals are permitted to sue the state government under the Tennessee Claims Commission Act. If your slip and fall was caused by the negligence of the state government or a state government employee, you can bring your claim under the Act.
Under TN Code §9-8-307, the Claims Commission has jurisdiction over the following matters:
- Negligently maintained or dangerous conditions on state property;
- Negligent construction of state sidewalks or buildings; or
- Negligent care, custody, or control of persons.
If your claim is successful, payment will be made from the Tennessee Risk Management Fund. The statutory cap is $300,000 per individual and $1,000,000 per occurrence.
Common Slip-and-Fall Injuries
Slip-and-fall injuries account for 8 million emergency room visits annually. Common injuries often include:
- Traumatic brain injuries
- Spinal cord injuries
- Hip fractures
- Shoulder and forearm fractures
- Sprained ankles or wrists
- Soft tissue injuries
Compensatory Damages
Injuries from a slip-and-fall frequently cause a victim measurable losses. Compensatory damages compensate an individual for their physical, emotional, and financial losses. Compensatory damages include two types: economic and noneconomic.
Economic damages are pecuniary losses that take money out of a person’s bank account. These may include:
- Lost income
- Loss of future earnings
- Surgeries and procedures
- Physical therapy
- Prescription costs
Conversely, non-economic damages are non-pecuniary losses that impact your quality of life. These may include:
- Pain and suffering
- Mental anguish
- Loss of consortium
- Negligent infliction of emotional distress (NIED)
- Disfigurement and scarring
Injured on Government Property? Our Nashville Slip and Fall Attorneys Are Ready to Help
Do not attempt to resolve a premises liability claim on your own. When you work with the legal team at Raybin & Weissman, P.C., you are guaranteed that someone will be advocating for you every step of the way. Our TN slip and fall lawyers will gather the necessary evidence to help you secure fair compensation for your injuries.
To learn more, contact our legal team at Raybin & Weissman, P.C. We can be reached by calling 615-256-6666 or by completing our online contact form.