Nashville Slip and Fall Accident Attorneys
A slip and fall incident is not a minor accident, regardless of what a property owner or insurance company may claim. Slips, trips, and falls can lead to serious injuries for individuals who were simply going about their everyday routine. Whether you are on your way to work or school, out with friends or family, or enjoying a recreational activity, you never expect to slip or trip because of a hazardous or dangerous property condition.
When property or business owners fail to maintain their property properly, it can lead to a tragic accident. If a slip, trip, or fall occurs on another party’s or entity’s property, the property owner and other parties may be held liable for damages under Tennessee premises liability laws.
Brummett Injury Lawyers help accident victims hold property owners responsible when they fail to keep their property safe for visitors and guests. Call our office today to schedule your free consultation with one of our Nashville slip and fall attorneys.
Understanding Premises Liability Laws for Tennessee
If you slip and fall on another party’s property in Davidson County, Williamson County, or any of the areas in or around Nashville, your personal injury case is likely to be governed by the state’s premises liability laws. The rules of premises liability in Tennessee can be complicated. Proving fault and liability can be a challenging undertaking.
We do not expect you to understand the laws related to slip and fall accidents. Our premises liability lawyers understand the legal elements required to prove liability for a slip and fall accident on someone else’s property.
Do I Have a Slip and Fall Claim?
In general, premises liability laws require an accident victim to prove four basic legal requirements to be eligible to recover compensation or a personal injury claim. The basic elements of a premises liability or slip & fall claim in Tennessee are:
- The property owner had a duty of care to an individual entering the property;
- A hazardous or dangerous condition was present on the property at the time of the injury;
- The property owner caused the condition, knew about the condition, or had constructive notice of the condition;
- The property owner failed to warn individuals of the danger or remedy the condition;
- The dangerous or hazardous condition was the direct and proximate cause of the individual’s fall; and,
- The individual sustained injuries and damages because of the fall.
It can be difficult to prove that the dangerous condition existed, that the owner knew about the condition but failed to act, and that the condition caused the fall. In many cases, the property owner corrects the property condition soon after an individual is injured, and evidence could be lost or destroyed.
However, experienced slip and fall attorneys can help you uncover the truth about what caused your slip and fall. Our legal team conducts a comprehensive investigation to build a strong case against the property owner for fault and liability.
What Causes Slip and Fall Accidents?
In most cases, a slip and fall accident is caused by a lack of maintenance and supervision. A property owner allows a dangerous or hazardous condition to continue without taking steps to fix the problem or they fail to warn individuals of the potential danger.
Many factors can lead to dangerous and hazardous conditions including:
- Defective, worn, loose, or damaged carpet, tile, and other flooring
- Damaged, worn, or defective stairs and railings
- Inadequate lighting and security
- Uneven curbs, cracks in pavement, and potholes
- Slippery or wet floors
- Unmarked construction areas
- Poorly maintained playgrounds and recreational areas
- Unsecured swimming pools
- Vicious and aggressive dogs
- Debris or objects in walking areas
- Poorly maintained or broken escalators and elevators
Some conditions may be caused by normal wear and tear or acts of nature. However, property owners have a duty to inspect and maintain the premises. Regardless of the reason for the condition, the property owner should promptly correct, repair, or clean up the area to prevent slip and fall accidents.
Injuries and Damages Caused by Slip and Fall Accidents
The injuries that result from falls vary from bruises and bumps that heal within a few weeks to serious injuries that could result in long-term impairments. Broken bones, head injuries, back injuries, soft tissue injuries, and neck injuries are common injuries caused by falls. It is important to see a doctor as soon as possible after a fall. A doctor can diagnose the injury and prescribe a treatment plan to minimize pain, suffering, and the risk of permanent disability.
To recover compensation for slip and fall claim, you must prove that you were injured and sustained damages because of the fall. Seeking medical attention after a fall also documents the injuries for a premises liability claim.
The amount of compensation you might receive for a premises liability claim depends on the facts and circumstances of the case. If you were partially at fault for your injuries, your compensation could be reduced under Tennessee’s comparative fault laws. A Nashville premises liability attorney can help you fight allegations by the property owner and the insurance provider that you contributed to the cause of the fall and injury.
Damages that are often included in a slip and fall claim include:
- Medical bills
- Lost wages
- Physical pain and suffering
- Mental and emotional distress
- Scarring and disfigurement
- Permanent disability
- Future or ongoing medical and personal care
- Diminished earning capacity and future loss of income
Consulting a premises liability attorney in Davidson County is strongly recommended before you accept a settlement offer for a slip and fall case. Once you settle the claim, you cannot go back to request additional money even if you realize the insurance company underpaid your claim.
Contact a Nashville Slip and Fall Attorney for a Free Case Review
You do not need to wonder if you have a slip and fall claim. Our Tennessee slip and fall attorneys will review your case free of charge. Call Brummett Injury Lawyers to schedule your free consultation with a member of our legal team.