What Duties and Responsibilities Do Owners, Occupiers and Lessors of Property Have?

Owners, Occupiers and Lessors of Property have a duty to use ordinary care, which is the care that ordinarily careful persons would use to avoid injury to themselves or others under the same or similar circumstances. There is no duty to guarantee the safety of those entering upon the property. Owners and Occupiers of land are under an affirmative duty to protect invitees, including business visitors, not only against dangers of which they know, but also against those which with reasonably care they might discover. This duty includes maintaining sidewalks, stairways and hallways in a well-lighted and safe condition.

If I Slipped and Fell on Someone's Property or Business Can I Recovery Anything?

Just because you slip and fall on someone's property or business does not mean that you are entitled to compensation. For liability to be imposed on a business or property owner, the victim must show that a dangerous or defective condition existed on the property or business, that the condition was created by the owner, operator or an agent; or if created by someone else, there must be actual or constructive notice on the part of the owner prior to the injury that the condition existed. Liability will not be imposed upon owners for defects which are "open and obvious."

What Type of Tennessee Slip And Fall Accidents Does Your Firm Handle?

Tennessee slip and fall accidents can happen to anyone, at any place and at any time. Accidents of this nature often lead to painful physical injuries that take a great deal of time to heal. Common slip and fall accidents include:

• Slipping on sidewalk ice;
• Slipping/tripping in parking lots;
• Slipping on wet floors;
• Tripping on dangerous, misplaced objects;
• Tripping on narrow stairs; and
• Falling due to inadequate warning signs.

What If I Am Partially At Fault For The Accident?

Tennessee has a modified comparative fault system. If you are seriously injured as a result of a dangerous or defective condition on someone's property or business and you are partially at fault for the accident, you can still recover so long as your fault remains less than the negligence of a third party. Specifically, if you are more than 50% at fault for an accident, then you will not be able to recover. If you are 50% or less at fault, then your damage award is reduced by the percentage of your negligence.

If I Slip and Fall on Someone's Property or Business Should I Talk To Their Insurance Company?

Property owners and business owners are usually covered for premises liability through homeowner's insurance, general liability insurance or other applicable insurances. Insurance companies are at a distinct advantage when an accident occurs. They know the law and you do not. Insurance companies will contact you and ask you to give a written or recorded statement concerning the incident. DO NOT GIVE STATEMENTS. These statements will be used against you in settlement and ultimately in court.

How Long Do I Have To Bring Or File My Claim?

In Tennessee, there are restrictions on the amount of time you have to bring and/or file a claim for Tennessee premises liability cases. The amount of time you have varies depending on the identity of the premises owner or occupier. If you have been seriously injured in a Tennessee slip and fall accident it is imperative that you contact Larry R. Williams, Jonathan Williams and their staff to assist you with your claim today.