FAQs About Premises Liability Claims in Tennessee

Property owners have a legal duty to make sure their premises are safe for anyone who enters. When they fail to do this, they can be held liable if someone enters their property and becomes hurt from a dangerous condition. Accident victims can file a claim against property owners to recover compensation for their medical expenses, lost income, pain and suffering, and more. Unfortunately, these claims are rarely straightforward and when going through the process, you will likely have many questions. Below, our Knoxville slip and fall attorney answers the most frequently asked questions we hear.

Are Property Owners Liable if You Slip and Fall on Snow? 

Tennessee does not see a lot of snow, but the average snowfall in Knoxville is 4.6 inches. Even this small amount of snow can cause slip and fall hazards. Property owners have a duty to shovel snow off of driveways and walkways because it is considered a dangerous condition.

However, the courts in the state have decided that property owners have a reasonable amount of time to remove the snow. In the case of Clifford v. Crye Leike Inc., the Tennessee Court of Appeals decided that the defendant did not act negligently by waiting until the storm subsided to remove the dangerous condition.

Can You Sue the Government for Injuries on Public Property? 

Government entities own property throughout Tennessee from public roads to the post office to public parks. These government entities have the same legal duty as private landowners to keep their property safe. Still, when filing a claim against the government, there are additional rules and procedural differences that apply. If you have a claim against the government, it is even more critical that you speak to a Knoxville slip and fall attorney.

Can I Sue if I was On Property Illegally? 

Tennessee law stipulates that property owners do not have a duty of care to people who trespass on their premises. While landowners cannot intentionally harm trespassers, they do not have to correct hazardous conditions for them or warn them of any dangers. There is also an exception to this law when a trespasser is a child. The exception is known as the attractive nuisance law and it holds property owners liable for injuries to a child if the following apply:

• A dangerous condition, such as a swimming pool, existed on the property,
• The hazardous condition is especially dangerous for children and children are unlikely to understand the potential harm,
• The dangerous condition is attractive to children,
• The owner is aware of the hazardous condition and the likelihood that children will trespass on the premises, and
• The property owner should have been reasonably able to foresee the possibility of injury.

Do I Need a Premises Liability Lawyer in Knoxville?

 Premises liability cases are extremely complicated, particularly when the property owner is a government entity or commercial business. At Atkins Brezina, PLLC, our Knoxville premises liability lawyer can help you through the process and ensure your rights are upheld so you obtain the full and fair settlement you deserve. Call us today at 865-500-3121 or contact us online to schedule a free consultation and to get the legal help you need.

Sources:

heinonline.org/HOL/LandingPage?handle=hein.journals/tenn21&div=74&id=&page=

scholar.google.com/scholar_case?case=13315826637010777229&q=“premises+liability”+and+”reasonable+care”&hl=en&as_sdt=4,235,237&as_ylo=2019