Personal injuries are events that many of us will need to deal with at some point during our lives. Some of these injuries occur while visiting land that is the property of another party. This may include stores, entertainment venues, private homes, and apartment buildings.
The owners of land have a duty to keep you safe. However, the extent of this duty depends on whether you had permission to be on the land and your motivations for being there. In some situations, you may be able to collect compensation for your losses connected to a property owner’s failure to provide protection.
A Spring Hill premises liability lawyer may be able to help you. The legal team at The Cochran Firm – Nashville understands Tennessee’s premises liability laws and how they apply to your circumstances. We can work to protect your legal rights after an accident while pursuing your case for the compensation that you deserve. Call us today at (615) 651-7451 for your free consultation.
Landowners Owe You a Duty of Protection
Owning land comes with a level of responsibility. Every property owner must maintain their land in a way that keeps it safe for potential visitors. However, the extent of this obligation depends on a visitor’s reasons for entering the land as well as whether the owner gave them permission.
Tennessee law separates visitors on land into three categories. Each category places different obligations on landowners to prevent injuries.
Trespassers are people who enter or remain on land without the owner’s permission. Here, the owner must only refrain from causing intentional harm to the visitor, such as by setting a trap. As a result, trespassers will have a difficult time collecting compensation from a landowner in most situations.
Licensees are people who enter land for a social reason, such as to attend a barbecue. Landowners must warn visitors about any known dangerous conditions as well as repair any condition about which they have knowledge.
Invitees enjoy the greatest level of protection under the law. An invitee is a person who enters land for the benefit of the owner. Examples can include people who visit stores, movie theatres, or restaurants. Landowners who allow invitees onto their land must take reasonable care to ensure that the land is safe for visitors. They must warn visitors of any hazards and routinely inspect their land for dangerous conditions.
For a free legal consultation with a premises liability lawyer serving Spring Hill, call 615-678-6278
Common Examples of Premises Liability Incidents
The legal team at The Cochran Firm – Nashville wants to help you after you have suffered an injury because a landowner failed to keep you safe. These sorts of injuries can occur in a variety of ways.
Perhaps the best-known example of a premises liability case is a slip and fall. If a store owner fails to clean a spill from a grocery store aisle promptly, does not clear snow from a sidewalk, or allows guests to walk over a freshly-waxed floor without any warning signs, that owner may be liable for any injuries that result from a fall.
In addition, premises liability cases cover injuries that result from structural defects. Broken stairs, loose carpeting, and potholes in parking lots are all hazards that could cause significant injuries.
In some instances, a landowner may even be liable for the criminal actions of a third-party actor. For example, bar owners may be responsible if a fight breaks out at their business and security fails to act. Similarly, apartment building owners may be liable for an assault or robbery because of a lack of locks on common areas or inadequate lighting.
A Spring Hill premises liability lawyer from our team may be able to help you regardless of the exact circumstances that led to your losses. Call (615) 651-7451 today for your free consultation with The Cochran Firm – Nashville.
Spring Hill Premises Liability Lawyer Near Me 615-678-6278
Proving that a Landowner Is to Blame
Just because a landowner had an obligation under the law to keep you safe does not automatically mean that the owner is liable for your injuries. You still need to prove that a failure to provide protection was the primary cause of your losses. These failures can take on many forms, but all cases will weigh the actions of every party involved in the incident.
This is because of the state law called modified comparative negligence. The case of McIntyre v. Balentine
says that courts must evaluate the actions of all parties involved in an accident and assign blame accordingly. As a result, a landowner may argue that you were distracted by your cell phone, ignored warning signs, or wore improper footwear that resulted in your injury.
If a court believes that you share at least 50 percent of the blame for the incident, the court will not award any compensation. If you are less than 50 percent to blame for the accident, you can still receive compensation; however, your award will be reduced by the same percentage for which you were at fault. Your Spring Hill premises liability attorney can work to demonstrate that a landowner’s failure to keep you safe was the only cause of your injuries.
An attorney can also work to pursue your case within the legally prescribed time limits. Under TN Code §28-3-104, most people have only one year after the date of an accident to demand compensation in court. The legal team at The Cochran Firm – Nashville could work with you to pursue your case within the relevant time limits.
Reach Out to a Lawyer Today to Protect Your Legal Rights
Personal injuries are common when a landowner fails to properly maintain their property. In these instances, a landowner may be liable to provide compensation for your losses. This compensation may take the form of the payment of medical bills, reimbursement for lost wages, or payments for lost quality of life.
A Spring Hill premises liability lawyer from our team may be able to help you to pursue your claim. From day one, the legal team at The Cochran Firm – Nashville may work to gather evidence, evaluate the impact of the incident on your life, and protect your legal rights in and out of court. There is a limited time to pursue your case, and the clock may be running out. Call The Cochran Firm – Nashville today at (615) 651-7451 for your free consultation.