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Liability of Property Owners (or 'Premises Liability')
If you were hurt on the property of someone else whether it is a home or business, you may have a premises liability claim. However, the fact that you were hurt is not enough to file a claim. Instead, premises liability cases are like most other injury case in that you must demonstrate negligence. In premise liability cases, this is typically shown by proving the landowner created or knew or should have known of a dangerous condition on their property and failed to address it.
Premises liability cases may arise in a variety of contexts, including:
- Slip-and-fall or trip-and-fall cases in restaurants, stores and parking lots.
- Injuries caused by improper maintenance of the property such as escalators, steps, escalators.
- Injuries or deaths that occur on the property because of inadequate security or the failure to use other reasonable steps to prevent crimes.
- Injuries or deaths of children due to dangerous playgrounds or hidden dangers on property.
- Injuries or deaths of persons working on property owned or occupied by another.
- Exposure to toxic or hazardous substances such as carbon monoxide, etc.
Other important considerations for premises liability claims are: (1) Was the injured party a child? If so, special rules can apply; (2) Does Tennessee's recreational use statute apply? This statute limits liability for property owners whose property is being used for a recreational use; (3) Who is the responsible party? For example, if the property is being rented, is the tenant/lessee responsible or the property owner/tenant? Depending upon the circumstances of the accident, it could be one or the other or perhaps even both.
In short, premises liability claims can be complex, which is why you need an experienced lawyer helping you navigate the process. The award-winning lawyers at the Law Offices of John Day, P.C. have helped people who have been injured or lost a loved one in all types of premise liability claims. We handle all injury and death cases on a contingency basis, which means we only get paid if we recover money for you. And, we advance all case expenses so you do not have to pay anything out of pocket to pursue your legal rights.
Before you hire any injury attorney, even us, we encourage you to do your homework. Choosing the right injury lawyer is critical, so you need to know the questions to ask and what to expect. In addition to reviewing online reviews from Google and others, we invite you to read what our former clients have said about working with us and peruse the many awards and honors we have received. Then, take the next step and review some of our FAQ pages like:
If you would like to speak to us about a potential premises liability claim, please contact us online or call us for a free consultation at: