How To Prove A Tennessee Negligence – General Claim

 

 

In Tennessee, a claim of Negligence – General is defined as:

Failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation; any conduct that falls below the legal standard established to protect others against unreasonable risk of harm.

It simply means:

When a party fails to do something that any reasonable person would think to do in that situation.

There are 5 elements of the claim:

• Element 1. The defendant owed the plaintiff a duty of care. The defendant had a responsibility to act carefully and avoid causing harm to the plaintiff, meaning they should have taken reasonable steps to prevent any injury or damage.
  

  Facts that might support this element look like:

  * The defendant was responsible for maintaining the safety of the premises where the plaintiff was injured.
  * The defendant had a contractual obligation to ensure the safety of the equipment used by the plaintiff.
  * The defendant was aware that the plaintiff was relying on their expertise to provide safe services.
  * The defendant had a history of similar incidents that demonstrated a need for heightened care towards the plaintiff.
  * The defendant’s actions created a foreseeable risk of harm to the plaintiff, establishing a duty of care.

• Element 2. The defendant’s conduct fell below the applicable standard of care, amounting to a breach of that duty. The defendant acted carelessly and did not meet the expected level of responsibility, which means they failed to protect others from harm, leading to a violation of their duty to act safely.
  

  Facts that might support this element look like:

  * The defendant failed to conduct regular maintenance on the equipment, which directly led to its malfunction during operation.
  * The defendant ignored multiple safety complaints from employees regarding hazardous conditions in the workplace.
  * The defendant did not provide adequate training to staff on emergency procedures, increasing the risk of injury during a crisis.
  * The defendant’s failure to follow industry-standard protocols resulted in a preventable accident that caused significant harm.
  * The defendant neglected to implement necessary safety measures, despite being aware of the potential dangers involved in their operations.

• Element 3. The plaintiff suffered an injury or loss. The plaintiff must show that they experienced some kind of harm or damage, like a physical injury or financial loss, as a result of someone else’s careless actions.
  

  Facts that might support this element look like:

  * The plaintiff slipped on a wet floor in the defendant’s store, resulting in a fractured wrist.
  * The plaintiff incurred medical expenses totaling $5,000 due to treatment for injuries sustained in the accident.
  * The plaintiff missed three weeks of work, leading to a loss of income amounting to $2,000.
  * The plaintiff experienced ongoing pain and limited mobility in their shoulder following the incident.
  * The plaintiff’s quality of life diminished due to the emotional distress caused by the injury.

• Element 4. The defendant’s conduct factually caused the injury or loss. The defendant’s actions directly led to the injury or loss, meaning that if they hadn’t acted the way they did, the harm wouldn’t have happened.
  

  Facts that might support this element look like:

  * The defendant failed to repair a broken sidewalk, which had been reported multiple times by residents.
  * The plaintiff tripped on the uneven pavement created by the defendant’s negligence, resulting in a fractured ankle.
  * Witnesses observed the plaintiff walking carefully before the fall, indicating that the injury was due to the sidewalk’s condition.
  * Medical records confirm that the plaintiff’s injury directly resulted from the fall caused by the defendant’s inaction.
  * The defendant’s maintenance logs show no record of addressing the hazardous sidewalk condition prior to the incident.

• Element 5. The defendant’s conduct proximately, or legally, caused the injury or loss. The defendant’s actions directly led to the injury or loss, meaning that if they hadn’t acted the way they did, the harm wouldn’t have happened.
  

  Facts that might support this element look like:

  * The defendant failed to maintain the property, leading to a hazardous condition that caused the plaintiff’s injury.
  * The defendant’s reckless driving directly resulted in a collision with the plaintiff’s vehicle.
  * The defendant ignored safety protocols, which contributed to the accident that injured the plaintiff.
  * The defendant’s negligence in providing adequate warnings led to the plaintiff’s slip and fall incident.
  * The defendant’s delayed response to a known issue exacerbated the situation, ultimately causing the plaintiff’s loss.

^{(See McClenahan v. Cooley, 806 SW 2d 767 (Tenn. Supreme Court 1991).)}
If you’re representing yourself in court and plan to assert a claim of Negligence – General, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to navigate the complexities of your case effectively.

Prove Your TN Negligence – General Claim

U.S. Civil Cases Only