Have you or a loved one been injured on someone else's property in Knoxville, Tennessee? Contact DZ Law today to schedule a free consultation with our Knoxville premises liability lawyers. We will make sure you get the justice and compensation you deserve.
Have you been dealing with the aftermath of being injured on someone else's property in Knoxville? Maybe you slipped and fell on a wet floor at a grocery store in Bearden, tripped on a broken step at an apartment complex near UT campus, or were injured due to inadequate security at a local business downtown.
These accidents, which form the basis of premises liability cases, happen more often than you think in Knoxville. Property owners have a responsibility to keep their premises safe for visitors, and when they fail, the consequences can be devastating.
Suddenly, you're facing painful injuries, unexpected medical bills, and maybe even time off work. It's frustrating and unfair. You were simply going about your day, and now you're dealing with the fallout of someone else's negligence. To make matters worse, dealing with property owners and their insurance companies can be a real headache. They might try to downplay your injuries or even blame you for the accident. You might feel lost, confused, and unsure where to get help.
This is why DZ Law exists. At DZ Law, our Knoxville premises liability lawyers, led by experienced attorneys Robert Dziewulski and Ashleigh Beer-Vineyard, are dedicated to helping Knoxville residents who've been hurt due to unsafe property conditions. Contact DZ Law today for a free consultation, and let us help you get your life back after a disruptive injury.
Duty of Care for Property Owners Under Tennessee Law
In Tennessee, property owners have a legal obligation to maintain their premises in a reasonably safe condition for individuals who are lawfully present on their property.
This obligation stems from the concept of premises liability, which holds property owners accountable for injuries that occur due to dangerous conditions on their land or in their buildings.
The specific duty of care owed by a property owner varies depending on the status of the person entering the property. Tennessee law recognizes three main categories of entrants: invitees, licensees, and trespassers.
Invitees
Invitees are individuals who are invited onto the property, either expressly or impliedly, for the benefit of the property owner. This category includes customers in stores, patrons in restaurants, clients in professional offices, and guests in hotels. Think of shoppers at West Town Mall or diners at a restaurant on Market Square.
Property owners owe the highest duty of care to invitees. They must exercise reasonable care to keep their premises safe for invitees, which includes a duty to:
- Regularly Inspect the Property: Property owners must conduct reasonable inspections of their premises to discover any dangerous conditions that could harm invitees.
- Repair Dangerous Conditions: Once a dangerous condition is discovered, or should have been discovered through reasonable inspection, the property owner must take prompt action to repair it or make it safe.
- Warn of Known Dangers: If a dangerous condition cannot be immediately repaired, the property owner must provide adequate warnings to invitees about the existence of the hazard. These warnings should be clear, visible, and sufficient to alert invitees to the potential danger.
Licensees
Licensees are individuals who have permission to enter or remain on the property for their own purposes, rather than for the benefit of the property owner.
This category typically includes social guests, door-to-door salespeople (unless "no soliciting" signs are posted), and anyone else who is on the property with permission but without providing a benefit to the owner. The duty of care owed to licensees is less than that owed to invitees. Property owners must:
- Refrain from Willful or Wanton Injury: Property owners must not intentionally harm licensees or act with reckless disregard for their safety.
- Warn of Known Hidden Dangers: Property owners have a duty to warn licensees of any dangerous conditions that the owner is aware of and that are not open and obvious. This duty typically applies to hidden dangers that the licensee would not be expected to discover on their own.
- Exercise reasonable care in active operations: If a property owner is doing an activity on the property, they must perform the activity in a safe manner.
Trespassers
Trespassers are individuals who enter or remain on the property without permission. Generally, property owners owe the lowest duty of care to trespassers. They must only refrain from intentionally harming trespassers or acting with reckless disregard for their safety. However, there are some important exceptions:
- Discovered Trespassers: Once a property owner becomes aware of a trespasser's presence, they may have a duty to warn them of hidden dangers that the owner is aware of, particularly if the danger is not obvious and could cause serious injury.
- Frequent Trespassers: If a property owner knows that trespassers frequently enter a specific area of their property, they may have a duty to warn of known hidden dangers in that area.
- Child Trespassers: Tennessee law recognizes the "attractive nuisance" doctrine, which imposes a higher duty of care on property owners regarding children who may be attracted to a dangerous condition on the property, such as a swimming pool, construction site, or abandoned machinery. Property owners must take reasonable steps to prevent children from accessing these dangerous conditions.
Breach of Duty
To establish liability in a premises liability case, the injured party must prove that the property owner breached their duty of care.
This typically involves showing that a dangerous condition existed, the property owner knew or should have known about it, and they failed to take reasonable steps to repair it or warn visitors about it.
Comparative Fault
Tennessee's modified comparative fault system also applies to premises liability cases. If the injured person's own negligence contributed to their injuries, their compensation will be reduced by their percentage of fault. If they are found to be 50% or more at fault, they cannot recover any damages.
Common Premises Liability Claims
Premises liability is a legal concept that holds property owners and occupiers responsible for injuries that occur on their property due to unsafe conditions.
These cases can involve a wide range of accidents and hazards. Here are some of the most common types of premises liability claims:
Slip and Fall Accidents
Slip and fall accidents are among the most frequent types of premises liability claims. They occur when a person slips or trips and falls due to a dangerous condition on the property, such as a wet floor, a spill, ice, snow, a broken step, or an uneven surface.
Property owners have a duty to maintain their premises in a reasonably safe condition, which includes regularly inspecting for hazards, promptly cleaning up spills, repairing defects, and warning visitors of any known dangers.
To prove a slip and fall claim, the injured person must typically show that the property owner knew or should have known about the dangerous condition and failed to take reasonable steps to correct it or warn visitors about it.
Trip and Fall Accidents
Similar to slip and fall accidents, trip and fall incidents involve a person tripping over an obstacle or an irregularity on the property. Common causes include:
● Cracked or uneven pavement
● Potholes
● Exposed cords or wires
● Clutter or debris in walkways
● Changes in floor level
● Loose or torn carpeting
● Inadequate lighting, making it difficult to see hazards
Property owners are expected to maintain walkways and other areas in a safe condition, free from tripping hazards, and to provide adequate lighting so that visitors can see where they are going.
Inadequate Security Claims
These claims, also known as negligent security claims, arise when a property owner's failure to provide reasonable security measures results in a person being injured by the criminal act of a third party. Examples include assaults, robberies, and other violent crimes that occur on the property.
To prove inadequate security, the injured person must show that the crime was foreseeable based on the location of the property, the nature of the business, or a history of similar incidents, and that the property owner failed to take reasonable steps to prevent it, such as installing security cameras, hiring security guards, providing adequate lighting, or controlling access to the property.
Dog Bite Injuries
In many jurisdictions, property owners can be held strictly liable for injuries caused by their dogs, meaning they are responsible even if they were not aware that the dog was dangerous. In other cases, negligence must be proven.
Tennessee follows a "one-bite" rule, meaning that the owner is liable if they knew or should have known that the dog had a propensity for aggression or had bitten someone before.
However, there are exceptions where strict liability applies, such as when the dog is running at large.
Swimming Pool Accidents
Property owners with swimming pools, whether residential or commercial, have a duty to maintain them safely and take precautions to prevent accidents, especially those involving children.
This can include fencing the pool area, providing supervision, posting warning signs, and ensuring that the pool and surrounding area are free from hazards. Drowning, near-drowning incidents, and slip and falls around the pool are common types of swimming pool accident claims.
Elevator and Escalator Accidents
Property owners are responsible for the proper maintenance and safe operation of elevators and escalators on their premises.
Malfunctioning elevators or escalators can cause serious injuries, such as falls, crushing injuries, or amputations. These accidents often involve issues like improper maintenance, inadequate inspections, or manufacturing defects.
Fires and Explosions
Property owners must take reasonable steps to prevent fires and explosions on their property. This includes complying with fire codes, properly storing flammable materials, maintaining fire suppression systems, and providing adequate escape routes. Negligence in these areas can lead to liability if a fire or explosion occurs, causing injuries or death.
Exposure to Toxic Substances
Property owners can be held liable if individuals are exposed to hazardous substances on their property due to the owner's negligence. Examples include exposure to asbestos, lead paint, mold, toxic chemicals, or contaminated water.
These cases often involve long-term health consequences and require proof that the property owner knew or should have known about the presence of the toxic substance and failed to take appropriate action.
Proving Negligence in Premises Liability Cases
Premises liability cases involve injuries sustained by someone on another person's property due to unsafe or defective conditions. These cases hinge on proving negligence on the part of the property owner.
This means demonstrating that the owner failed to exercise reasonable care in maintaining a safe environment, leading to the injury. Here's a breakdown of the key elements involved in proving negligence in premises liability cases:
Duty of Care
The first step is establishing that the property owner owed a duty of care to the injured party. This duty varies depending on the legal status of the person on the property:
● Invitees: These are people invited onto the property for business purposes (e.g., customers in a store) or for the benefit of the property owner (e.g., social guests). The owner owes the highest duty of care to invitees, ensuring the premises are safe and free of known or reasonably discoverable hazards.
● Licensees: These are people with permission to be on the property, but not for the owner's direct benefit (e.g., someone taking a shortcut). The owner has a duty to warn licensees of any known dangers.
● Trespassers: These are individuals on the property without permission. Generally, the owner owes no duty of care to trespassers, except to avoid intentionally harming them or acting with reckless disregard for their safety. However, there are exceptions for "attractive nuisances" that might attract children, and in some jurisdictions, a duty of care is owed to frequent or known trespassers.
Breach of Duty
Once a duty of care is established, the injured party must demonstrate that the property owner breached that duty. This involves showing that the owner failed to act as a reasonable person would under similar circumstances. Evidence of a breach might include:
● Failure to repair known hazards: For example, not fixing a broken stair railing or a pothole in a parking lot.
● Failure to warn of dangers: Neglecting to post signs about slippery floors or uneven surfaces.
● Inadequate security: Lack of proper lighting or security measures in high-crime areas.
● Negligent hiring or supervision: Failing to properly screen or supervise employees who contribute to unsafe conditions.
Causation
The injured party must prove that the property owner's breach of duty directly caused their injuries. This requires establishing both:
● Actual cause: Showing that "but for" the owner's negligence, the injury would not have occurred.
● Proximate cause: Demonstrating that the injury was a foreseeable consequence of the owner's negligence.
Damages
Finally, the injured party must prove they suffered damages as a result of the injury. These damages can include:
● Medical expenses: Costs of hospitalization, doctor visits, medication, and rehabilitation.
● Lost wages: Income lost due to time off work for recovery.
● Pain and suffering: Compensation for physical and emotional distress.
● Loss of enjoyment of life: Damages for the inability to engage in activities previously enjoyed.
● Property damage: Costs to repair or replace damaged property.
Proving Negligence
To successfully prove negligence in a premises liability case, strong evidence is crucial. This might include:
● Incident reports: Official reports filed with the property owner or law enforcement.
● Witness statements: Accounts from people who witnessed the incident or were aware of the hazardous condition.
● Photographs and videos: Visual documentation of the scene, the hazard, and the injuries.
● Expert testimony: Opinions from professionals like engineers or safety experts to establish the dangerous condition and the owner's negligence.
● Medical records: Documentation of the injuries and their link to the incident.
Defenses in Premises Liability Cases
Property owners and their insurance companies often employ various defenses to avoid liability, such as:
● Comparative negligence: Arguing that the injured party's own negligence contributed to the accident, reducing the owner's liability.
● Assumption of risk: Claiming that the injured party knew about the danger and voluntarily assumed the risk of injury.
● Open and obvious doctrine: Asserting that the hazard was so obvious that the owner had no duty to warn about it.
Types of Compensation Available in Premises Liability Cases
Premises liability cases involve injuries sustained due to the negligence of a property owner or occupier. If you've been injured on someone else's property, you may be entitled to various types of compensation.
These damages aim to reimburse you for losses suffered and, in some cases, punish the responsible party. Here's a breakdown of common compensation types:
Economic Damages in Premises Liability Cases
Economic damages are intended to compensate you for actual financial losses you've incurred or will likely incur in the future as a result of the accident and your injuries. These damages are typically easier to quantify than non-economic damages because they can be supported by bills, receipts, and other documentation.
Medical Expenses
A significant portion of economic damages in premises liability cases often relates to medical expenses. You can seek compensation for all reasonable and necessary medical treatment related to your injuries, including both past and future medical care.
Past medical expenses include bills you've already received for emergency room visits, hospital stays, surgeries, doctor's appointments, diagnostic tests (such as X-rays, MRIs, and CT scans), prescription medications, medical equipment (like crutches or wheelchairs), physical therapy, and rehabilitation.
Future medical expenses may be claimed if your injuries require ongoing treatment or if you're likely to need additional medical care in the future. This could involve future surgeries, continued therapy or rehabilitation, long-term nursing care, or modifications to your home to accommodate a disability.
Lost Wages
If your injuries forced you to miss work, you can claim compensation for the income you lost during your recovery. Past lost wages include income you've already lost from the time of the accident until the present.
This can encompass salary, wages, bonuses, commissions, and other forms of income, such as paid time off or vacation days you had to use. Future lost earning capacity can be claimed if your injuries are so severe that they permanently affect your ability to work or limit the type of work you can do.
This involves calculating the difference between what you likely would have earned in the future without the injury and what you are now able to earn with the injury. Expert testimony from vocational rehabilitation specialists and economists is often needed to accurately assess this loss.
Property Damage
Although less common in premises liability cases than in auto accidents, if your personal property was damaged in the incident, you can seek compensation for its repair or replacement.
For example, if you fell and damaged your phone, watch, or clothing, you could potentially include these costs in your claim.
Non-Economic Damages in Premises Liability Cases
Non-economic damages are more subjective and compensate you for the intangible impact of the accident and your injuries on your life. These damages are more challenging to quantify but are crucial for fully compensating victims for their suffering.
Pain and Suffering
This is compensation for the physical pain, discomfort, and suffering you've endured and may continue to experience due to your injuries. Factors considered include the severity of your injuries, the type of treatment you've undergone, the expected duration of your pain, and the overall impact on your daily life.
Emotional Distress
Premises liability accidents can be traumatic and lead to significant emotional distress. You can seek compensation for mental anguish, anxiety, depression, fear, post-traumatic stress disorder (PTSD), and other psychological impacts resulting from the accident and your injuries.
Loss of Enjoyment of Life
If your injuries prevent you from participating in activities you used to enjoy, such as hobbies, recreational activities, exercise, or spending time with loved ones, you can claim damages for this loss of enjoyment.
This could involve being unable to play sports, pursue a hobby, travel, or engage in social activities.
Permanent Scarring or Disfigurement
If the accident caused permanent scars or disfigurement, you can seek compensation for the physical and emotional impact of these injuries. This is especially relevant in cases involving facial injuries or other visible impairments.
Loss of Consortium
If your injuries negatively impact your relationship with your spouse, they may have a claim for loss of consortium. This compensates for the loss of companionship, intimacy, affection, and household services that your spouse has suffered due to your injuries.
Punitive Damages
In rare cases, if the property owner's conduct was particularly egregious, reckless, or showed a conscious disregard for the safety of others, punitive damages may be awarded.
These damages are not intended to compensate you for your losses but rather to punish the wrongdoer and deter similar behavior in the future. An example might be a property owner who intentionally concealed a dangerous hazard that they knew was likely to cause serious injury.
Factors Affecting Compensation
The specific amount of compensation you can recover in a premises liability case will depend on several factors, including the severity of your injuries, the extent of your medical treatment and lost wages, the clarity of the property owner's negligence, the strength of the evidence, any comparative fault on your part, and the skill of your attorney in negotiating with insurance companies or presenting your case in court.
Steps to Take After a Premises-Related Injury
Experiencing an injury on someone else's property can be disorienting and painful. However, taking the right steps immediately after the incident can significantly impact your health and potential legal claim. Here's how to navigate the situation:
Seek Medical Attention
Your health and well-being are the top priority after any accident. If you've been injured on someone else's property, it's crucial to seek medical attention immediately, even if your injuries seem minor at first.
Some injuries, like internal bleeding or head injuries, may not be immediately apparent but can worsen over time. Go to the emergency room, an urgent care clinic, or your primary care physician as soon as possible.
Prompt medical treatment not only helps ensure your recovery but also creates an official record of your injuries and links them to the accident.
Report the Incident
Report the incident and your injury to the property owner, manager, or an employee as soon as possible. If the incident occurred in a business, ask to speak to a manager. If it happened at an apartment complex, notify the landlord or property management company.
If it occurred at a private residence, inform the homeowner. Insist that they create a written incident report, and request a copy for your records. If they refuse to make a report, write down the names and titles of anyone you spoke to, along with the date and time of your conversation.
Document the Scene
Thorough documentation can significantly strengthen your claim. If it's safe and you're physically able, take photographs and videos of the exact location where you were injured. Capture the specific hazard that caused your fall, such as a spill, a broken step, poor lighting, or an obstacle.
Take photos from multiple angles and distances to provide context. Note the overall condition of the surrounding area, including the presence or absence of warning signs. If possible, take pictures of your injuries as well.
Gather Witness Information
If anyone witnessed the accident or the conditions that led to it, try to get their names, addresses, and phone numbers. Independent witness testimony can be very helpful in corroborating your version of events and establishing the property owner's negligence.
Encourage witnesses to provide a brief written or recorded statement of what they observed while their memories are fresh.
Preserve Evidence
Keep any physical evidence that's relevant to the accident. This might include the shoes or clothing you were wearing, especially if they were damaged or show signs of the hazard (e.g., a torn pant leg from tripping over a broken step).
If a defective product or object on the property caused your injury, try to preserve it if possible, or take detailed photographs if you can't.
Don't Discuss Fault
Be careful what you say at the scene of the accident and in the following days. Avoid making any statements that could be interpreted as admitting fault or downplaying your injuries.
Even a simple "I'm sorry" could be used against you. Stick to the facts when describing what happened to the police, property owner, or witnesses.
Keep Detailed Records
Maintain a file with all documents related to the accident and your injuries. This should include the incident report, police report (if applicable), medical records and bills, receipts for any out-of-pocket expenses, photos and videos, witness contact information, and any correspondence with the property owner or their insurance company.
Keep a journal documenting your injuries, medical treatment, pain levels, and how the accident has impacted your daily life.
Contact an Attorney
Consult with an experienced premises liability attorney as soon as possible. An attorney at DZ Law can evaluate your case, advise you on your legal rights, and help you navigate the claims process.
Robert Dziewulski and Ashleigh Beer-Vineyard have extensive experience handling premises liability cases in Knoxville and are familiar with the local courts and legal landscape. They can also conduct their own investigation, gather additional evidence, and deal with the property owner's insurance company on your behalf.
Avoid Social Media
Be very cautious about posting anything related to the accident or your injuries on social media. Insurance companies often monitor social media activity, and your posts could be used to undermine your claim. It's best to avoid discussing the accident online altogether.
Follow Medical Advice
Follow your doctor's treatment recommendations closely. Attend all scheduled appointments, take prescribed medications, and participate in any recommended therapy or rehabilitation.
This demonstrates that you're taking your injuries seriously and helps establish the link between the accident and your medical condition.
Frequently Asked Questions About Premises Liability in Knoxville
Who is considered a "premises owner" in Tennessee?
It's not just the property owner. It can include landlords, property managers, businesses, or even government entities responsible for maintaining the property. For example, in Knoxville, this could be the City of Knoxville for a public park, a business owner for a store in Market Square, or a landlord for an apartment complex in Fort Sanders.
What are common examples of premises liability cases in Knoxville?
Slip and falls (due to ice, wet floors, uneven surfaces), inadequate lighting leading to trips, dog bites, swimming pool accidents, and negligent security leading to assaults.
What is the "statute of limitations" for premises liability claims in Tennessee?
You generally have one year from the date of the injury to file a lawsuit. It's crucial to act quickly.
Does the property owner always have to warn about dangerous conditions?
Not always. There's a concept called "open and obvious" dangers. If a hazard is readily apparent to a reasonable person, the owner might not be liable. However, there are exceptions, so it's best to consult an attorney.
What if I was partially at fault for my injury?
Tennessee follows "modified comparative negligence." You can still recover damages even if you were partly at fault, but your compensation will be reduced by your percentage of fault. However, if you are found to be 50% or more at fault, you cannot recover anything.
Do I need a lawyer for a premises liability case?
While not legally required, it's highly recommended. An experienced attorney can investigate, gather evidence, negotiate with insurance companies, and protect your rights.
Contact a Knoxville Premises Liability Lawyer
At DZ Law, our experienced Knoxville premises liability lawyers are here to help you understand your rights. Whether you slipped and fell on a wet floor, tripped on a broken step, or were injured due to inadequate security, we can assist you in pursuing a claim. We handle cases involving a range of incidents, including those in stores, restaurants, apartments, and private homes.
A successful premises liability claim can provide compensation for medical bills, lost wages, and pain and suffering. Don't let the responsible party's insurance company minimize your injuries or deny your claim.
Contact DZ Law by calling 865-259-0020 today for a free consultation. We'll assess your case, explain your legal options, and fight aggressively to ensure you receive the justice and compensation you deserve. Let us handle the legal complexities while you focus on your recovery.