How To Prove A Tennessee Premises Liability Claim

 

 

In Tennessee, a claim of Premises Liability is defined as:

Premises liability occurs when a property owner fails to keep his or her property safe for lawful visitors, resulting in injury to a visitor. (Might also be referred to as Slip and Fall).

It simply means:

When someone is hurt on another’s property due to negligence.

There are 2 elements of the claim:

• Element 1. The dangerous or defective condition was caused or created by the property owner, operator, or their agent. In a premises liability claim, it must be shown that the property owner, manager, or their representative caused or allowed a dangerous situation to exist on the property, leading to someone getting hurt.
  

  Facts that might support this element look like:

  * The property owner failed to repair a broken railing on the staircase, which had been reported multiple times by tenants.
  * The operator of the property neglected to clear ice from the walkway, despite knowing it posed a hazard during winter months.
  * An agent of the property owner improperly stored hazardous materials in a public area, creating a risk for visitors.
  * The property owner installed faulty lighting in the parking lot, contributing to unsafe conditions for pedestrians at night.
  * The property manager ignored complaints about loose floor tiles, which ultimately led to a slip and fall incident.

• Element 2. A third party created the condition, and the property owner, operator, or their agent had actual or constructive notice of the condition before the accident. In a premises liability claim, it must be shown that someone else caused a dangerous situation on the property, and the property owner or their representative knew about this danger or should have known about it before someone got hurt.
  

  Facts that might support this element look like:

  * The property owner received multiple complaints from tenants about the hazardous condition created by a third party prior to the accident.
  * A maintenance worker observed the dangerous condition and reported it to the property manager days before the incident occurred.
  * Surveillance footage shows that the third party was responsible for creating the unsafe condition, and the property staff were present during the incident.
  * The property owner had previously addressed similar issues caused by the same third party, indicating awareness of the potential danger.
  * The property operator was notified by a local authority about the hazardous condition created by the third party, yet no action was taken before the accident.

^{(See Fowler v. City of Memphis, 514 SW 3d 732 (Tenn. Court of Appeals 2016).)}
If you’re in court without a lawyer and plan to assert a claim of Premises Liability, 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 supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to navigate your case effectively.

Prove Your TN Premises Liability Claim

U.S. Civil Cases Only