In Tennessee, the legal concept of premises liability means that property owners can be legally liable for injuries guests sustain on their properties. If a property owner either creates a hazard or negligently fails to remedy it and injures a guest, they could be responsible for medical bills, lost wages, and other losses the victim suffered.
If you have sustained an injury as a guest on someone else’s property, contact Daniel, Daniel, & Newman. Premises liability cases raise complex questions about negligence and duties of care that an attorney can help sort through. Our personal injury attorneys can fight to hold at-fault parties accountable for their irresponsible and negligent actions. Your injuries may be severe, so you deserve an attorney who will hear your side of the story and fight for your rights.
For 80 years, Grainger County residents have relied on the Daniel name for comprehensive and effective personal injury representation. Our partner Evan M. Newman dedicates himself to continuing the legal legacy of founders Creed Daniel and the late Dirk Daniel. As a Christ-centered business, we take our mission to represent the values, culture, and ideals of Grainger County very seriously, which manifests in our unceasing advocacy for the injured. We are proud of our high satisfaction rate, which reflects our personalized and client-centered approach to managing personal injury cases.
Contact us today for a free consultation with a Grainger County premises liability attorney.
Why You Should Hire a Grainger County Premises Liability Attorney
If you sustain an injury while on another’s property, you will likely file a claim through their homeowners or renters liability insurance policy. Insurance companies are notorious for disputing claims and use several tactics to get out of paying. The personal injury claims process can also take several months to over a year to resolve, which may feel insurmountable to manage while recovering from a serious injury.
A Grainger County premises liability lawyer from Daniel, Daniel, & Newman can take the reins on your case and handle every aspect of filing a premises liability claim, from gathering your medical documentation and calculating your losses to negotiating with insurers or pursuing liable parties in a formal lawsuit. We have the knowledge and skills to hold at-fault property owners responsible for their negligent actions, and we will push back against any attempts to minimize your injuries or deny your version of events. You can have peace of mind knowing we are on the case while you prioritize rest and recuperation.
What Kinds of Damages Can I Pursue in a Premises Liability Case?
By filing a claim or lawsuit, you can recover compensation for any economic and noneconomic losses you have suffered. Premises liability compensation can include money for your definite economic losses, such as:
- The cost of emergency medical care and continuing medical treatment (e.g., rehab services, medication, etc.)
- Lost work income, including salaries or hourly pay, bonuses, commissions, tips, and perks
- The difference between your pre- and post-injury expected future lifetime earnings
You can also recover compensation for noneconomic losses that don’t have a definite dollar value, such as:
- The extent of your physical pain and conscious suffering
- Loss of life enjoyment or convenience
- Loss of consortium or companionship
- Scarring and disfigurement
There is no limit to the amount of economic compensation one can recover, but Tennessee law limits noneconomic compensation to $750,000 per injury, except in cases involving catastrophic injuries. For catastrophic injuries, the law raises the cap on noneconomic damages to $1 million instead.
Who Is Responsible for an Injury in a Premises Liability Case?
According to theories of premise liability, property owners have a general duty of care to keep their properties free and safe from hazards that could harm guests. If a property owner creates a hazard, fails to remember a known hazard, or fails to post a sufficient warning about said hazard, they can be legally liable for any injuries that hazard causes.
For example, imagine you slip and fall on a patch of ice in a parking lot next to your car. In this case, the lot owner could be liable for your injuries. The parking lot owner is responsible for removing or blocking off hazards like ice patches, and they can be liable for injuries if they negligently fail to do so.
A key component of liability in these cases is that the owner must be negligent. A property owner can be negligent if they knowingly fail to remedy a dangerous hazard or should have reasonably known about the hazard and fixed it. For instance, if a landlord fails to perform electrical inspections and faulty wiring electrocutes a tenant, the landlord could be responsible because they should have performed inspections to identify electrical faults.
Note that a property owner’s duty to maintain safe premises only applies to guests who have permission to be on the property. Owners do not have any general duty of care to protect trespassers from property hazards, so they would not be liable for any injuries the trespasser might suffer. For instance, if someone broke into a home and the property owner’s dog attacked them, the owner wouldn’t be responsible for any injuries because the person was trespassing.
How Long Do I Have to File a Premises Liability Lawsuit in Tennessee?
Under Tennessee law, you have one year from the accident date to file a premises liability lawsuit. Once one year elapses after the accident date, you will lose your right to recover compensation for your injuries. The deadline usually starts counting from the accident date, but there are some exceptions:
- If you were a minor when the injury occurred, you have until your 19th birthday to sue.
- If the injuries were not initially detectable, the one-year countdown starts on the date you discovered your condition.
- If the at-fault party faces criminal charges for the behavior that injured you, you have two years instead of one to file a claim.
In any case, one year is a very short period of time, and time is of the essence in personal injury cases. It’s in your best interest to contact a personal injury attorney as soon as possible to get a head start on building your case.
