Premises Liability

Slip and Fall Attorney Johnson City TN

All property owners in Tennessee owe a certain degree of care to ensure that their property is safe for visitors. Under the law, owners have a duty to fix any vulnerabilities on their property or, at the very least, adequately warn guests of potential hazards.

In many cases, property owners place warning signs that people choose to ignore, but other times, dangerous conditions can happen without warning. Usually, most premises liability injuries occur because of negligence, meaning they could have been prevented had the landowner or property manager taken proper precautions. In Tennessee, a landowner can be considered negligent if they knew (or should have known) of a hazardous condition and either failed to remedy it or failed to provide an adequate warning.

If you or a loved one were recently hurt on someone else’s premises, you should consult with an experienced Johnson City TN premises liability lawyer. At The Law Offices of Mark T. Hurt, we are experienced in premises liability injury cases and can ensure that your interests are protected. Call us today to schedule a complimentary consultation to learn about your legal options for pursuing compensation.

What Is Premises Liability?

Premises liability is a legal concept that typically comes into play in personal injury cases. It refers to a landowner’s or occupier’s potential legal responsibility for sustained injuries resulting from unsafe property conditions. These cases exist in nearly every commercial or residential structure, such as offices, private homes, restaurants or bars, apartment complexes, parks, or government buildings.

The elements of a premises liability case vary from state to state, which is why it is critical to consult with a premises liability lawyer to check if you have a valid claim for damages. In Tennessee, a person can only be compensated for a personal injury claim if they can prove the standard negligence elements. Generally, you must prove that:

• The person responsible for the injuries owned, occupied, or leased the property.
• The defendant was negligent in the use of the property; namely, by allowing a dangerous condition to exist.
• You sustained injuries due to such negligence.

How Much Does a Premises Liability Lawyer Cost In Tennessee?

At The Law Offices of Mark T. Hurt, we firmly believe that injured victims should prioritize their recovery instead of worrying about how they will afford to pay legal bills. For this reason, we represent injured clients on a contingency fee basis. This means we do not require an up-front retainer, and we only collect a fee if we are successful in recovering compensation on a client’s behalf. We also advance all litigation expenses while a case is ongoing.

What Types of Premises Liability Injuries do You Handle?

At The Law Offices of Mark T. Hurt, we have over three decades of experience helping injured victims recover from injuries. We have recovered millions in personal injury cases and have experience with nearly every type of premises liability case, including:

• Slip and Falls
• Dog Bites and Animal Attacks
• Drownings
• Staircase Accidents
• Defective Sidewalks
• Assaults
• Potholes
• Insufficient Security
• Poor Lighting
• Poor Construction
• Building Code Violations
• Defective Electrical Wiring

What Type of Care Does a Property Owner Owe to Guests?

Landowners owe varying types of care depending on the classification of guests they are hosting. There are three basic guest statuses:

Invitees

Invitees are individuals who enter a premise upon the owner’s invitation. Property owners have the highest amount of duty to protect public or business invitees. For example, customers at a store are invitees because the owner expects them to visit for shopping. Alternatively, calling an electrician to repair faulty wiring at your home makes them an invitee as well. Owners must inspect their property and provide a warning about any hazards to invitees.

Licensees

A licensee is a person who enters a property with the permission or invitation of a landowner; however, the intent of their visit is for personal reasons. For example, if you visit a friend at a rental beach house or during a family dinner at their home, you are a licensee. Licensees can include relatives, friends, and other social visitors. Landowners or occupiers must ensure that the licensees visiting their property are reasonably safe. This means they must maintain and fix any hazardous areas on the premises; however, unlike invitees, they are only liable for dangerous conditions of which they are aware.

Trespassers

A trespasser is an individual who enters a property without permission. Typically, they are not owed reasonable care unless they are children. However, you are still partially responsible for their safety, as trespassers may be able to hold a property owner liable if they can prove they were there unintentionally or purposely injured by a landowner (in some cases). But, there is no obligation to warn a trespasser of known dangers.

What Are the Most Common Dangerous and Negligent Property Conditions?

There are many possible potentially dangerous conditions on a property that can cause injuries. The following are a few common examples:

• Poor lighting
• Wet or slippery floors
• Uneven sidewalks
• Uncontrolled dogs or other animals
• Tripping and falling
• Defective furniture
• Broken glass doors
• Swimming pools
• Unsafe stairways
• Defective Amusement Park Rides
• Unsafe Elevators or Escalators

What Are the Most Common Injuries Suffered In Property Accidents?

Although many premises liability cases seem minor, many individuals suffer injuries that can have far-reaching repercussions. Some of the economic and non-economic costs include:

• Lost Wages. A victim may be entitled to compensation for lost wages due to missing work because of an injury, as well as compensation for decreased future earning potential.
• Pain and Suffering. Physical and emotional pain suffered as a result of a premises injury typically will be compensable.
• Physical Injuries and Medical Treatment. Any medical bills incurred due to a debilitating injury, such as surgeries, doctor’s visits, physical therapy, rehabilitation, prescription, and future medical care is recoverable.
• Wrongful Death. When a property owner’s negligence results in death, the victim’s family may be entitled to file a wrongful death lawsuit for their losses, such as lost income, funeral and burial costs, loss of consortium, and pain and suffering.

Why Should I Hire a Johnson City Premises Liability Lawyer to Handle My Claim?

When you hire The Law Offices of Mark T. Hurt, we can help you navigate your premises liability claim from start to finish. Firm-founding attorney Mark Hurt can gather relevant evidence and present a valid argument against the property owner or occupier. Further, the following are a few additional benefits of hiring our Tennessee premises liability lawyer:

• A Johnson City Premises Liability Lawyer Understands Your Rights. Many Americans are unaware of their rights, so they often do not have the necessary knowledge of the law to argue their case successfully. When it comes to premises liability claims, the law can be rather complicated, which is why hiring a premises liability lawyer can boost your chances of obtaining a favorable outcome for maximum compensation.
• A Tennessee Premises Liability Attorney Can Ask The Right Questions. If you have an experienced lawyer working on your case, they can ask the necessary questions after acquiring relevant evidence from witnesses (if any), video of the incident, and medical reports.
• Attorney Mark Hurt Can Handle Insurance Negotiations. Dealing with insurance companies can be both challenging and emotionally taxing. Once an insurance company reviews all evidence, they typically will make a settlement offer. However, insurers are generally interested in getting rid of claims as quickly as possible for as little as possible. Thus, the initial offer is typically significantly lower than what is due. When you hire our firm, we can help develop a solid negotiation strategy and communicate on your behalf with insurance companies.
• The Law Offices of Mark T. Hurt Can Help You Seek Maximum Compensation For Your Injuries. Self-represented victims often settle for low amounts because they are unaware of the full value of their injuries. As a personal injury lawyer with over three decades of experience, Mark Hurt can help you seek maximum compensation by calculating all the economic and non-economic damages of your injuries, including costs like lost wages or pain and suffering, which people often overlook.

Call The Law Offices of Mark T. Hurt to Find Out If You May Have a Valid Premises Liability Claim.

Undoubtedly, the legal process of a premises liability case can be complicated and overwhelming, especially when an individual sustains injuries and possible disabilities.

If an insurance company rejects your claim or does not offer just and fair settlement, then we may be able to bring a lawsuit in court in seeking the compensation to which you are rightfully entitled. Call our office to schedule a complimentary consultation. We can review the facts of your case, explain your legal options, and fight tenaciously to hold all responsible parties accountable.