How To Prove A Tennessee Slip and Fall Claim

 

 

In Tennessee, a claim of Slip and Fall is defined as:

A slip and fall claim occurs when a property owner fails to keep his or her property safe for lawful visitors, resulting in injury to a visitor. (May also be referred to as Premises Liability)

It simply means:

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

There are 2 elements of the claim:

• Element 1. The property owner, operator, or agent caused or created the dangerous or defective condition. In a slip and fall claim, it must be shown that the property owner, manager, or their representative was responsible for making the area unsafe or had a role in creating the hazardous condition that caused the accident.
  

  Facts that might support this element look like:

  * The property owner failed to repair a broken step that had been reported multiple times by tenants.
  * The operator neglected to place warning signs around a wet floor after mopping, despite knowing it was a high-traffic area.
  * The agent allowed debris to accumulate in the walkway, creating a tripping hazard for visitors.
  * The property owner was aware of a leaking roof that caused water to pool on the floor but took no action to address it.
  * The operator regularly ignored maintenance requests related to uneven pavement, which had caused several previous incidents.

• Element 2. A third party created the condition, and the property owner, operator, or agent had actual or constructive notice of the condition before the accident. In a slip and fall case, it must be shown that someone else caused the dangerous condition, and the property owner or their representative knew about it or should have known about it before the accident happened.
  

  Facts that might support this element look like:

  * The property owner received multiple complaints from tenants about a leaking roof that caused water to accumulate on the floor.
  * A maintenance worker reported to the property manager that a broken pipe was causing a hazardous wet area in the hallway days before the incident occurred.
  * Surveillance footage shows that a customer spilled a drink on the floor, and the staff failed to clean it up or place warning signs within a reasonable time.
  * The property owner had previously been cited for similar slip and fall incidents in the same location, indicating a pattern of negligence.
  * The property manager was present on-site when the third party created the condition but did not take any action to address it.

^{(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 Slip and Fall, 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 Slip and Fall claim effectively.

Prove Your TN Slip and Fall Claim

U.S. Civil Cases Only