Who Are Responsible for Slip-and-Fall Injuries?

Whether it be a freshly waxed floor or a spilled drink, store owners are responsible for ensuring that their premises are safe for customers. Unfortunately, many slip and falls cause more than just minor scrapes and bruises. Some slip and fall victims experience long-term consequences and permanent disability, impacting their ability to return to work and perform routine tasks. Even so, a property owner’s legal liability will depend on the type of visitor that you are. If you were recently injured due to a store owner’s negligence, do not hesitate to contact our Nashville premises liability attorneys.

Determining Fault for a Slip-and-Fall in a Store

To establish fault in a slip and fall, you must show that another person acted with less than reasonable care, causing you injury. A successful claim will depend on proving the following elements of negligence:

• Duty of care: A store owner is responsible for fixing potential defects or hazards.
• Breach of duty: The owner knew of or should have known of the hazard (having performed due diligence) but failed to remedy the issue.
• Causation: As a direct result of the defect, you (the customer) suffered a slip and fall.
• Damages: You sustained measurable losses due to the fall, including medical bills, lost wages, and infliction of emotional distress.

Your Legal Relationship Matters in Determining Liability

Invitees

A property owner’s or landlord’s legal responsibility to the injured party will depend on the legal relationship they share. Property owners owe the highest duty of care to invitees, or anyone who is on the property for business purposes. This includes store customers but also applies to contractors and delivery persons. As previously mentioned, a store owner must warn invitees of potential hazards and remedy any issues.

Licensees

The next highest level of duty is owed to licensees, or someone who is on the property for social purposes. A licensee will be on the property for his or her own benefit, whether permission is express or implied. Examples of a licensee include a dinner party guest or a family member. In Tennessee, property owners should warn licensees of any non-obvious dangers of which they are aware.

Trespassers

The third type of visitor, trespassers, do not have the property owner’s permission to be on the property. Therefore, the property owner owes no legal duty to keep them safe from harm. However, a property owner cannot willfully, intentionally, or wantonly cause a trespasser harm. An important exception lies with child trespassers. Under TN Code §29-34-208, a property owner may be held liable if a child is injured on their property if certain conditions are met.

Potential Damages in a Nashville Slip and Fall

If you have been injured in a grocery store, department store, convenience store, or any retail establishment, you may be entitled to economic and non-economic damages. Although these are both types of actual or compensatory damages, the two differ in major ways. Economic damages represent direct financial losses, making them easier to calculate.

In a slip and fall, economic damages often include:

• Ambulance ride
• Emergency room care
• Hospitalizations
• Surgeries and treatments
• Physical therapy
• Home modifications
• Lost wages
• Loss of earning capacity

In contrast, non-economic damages are intangible losses that impact your quality of life. These are commonly referred to as pain and suffering damages. In a slip and fall, non-economic damages often include:

• Pain and suffering
• Infliction of emotional distress
• Loss of companionship and society
• Humiliation
• Damage to reputation
• Permanent disability
• Disfigurement
• Inconvenience

Knowing what damages you may be entitled to recoup and calculating damages is best left to our experienced premises liability attorneys. Your focus should be on your physical recovery, not submitting an insurance claim. At Bednarz & Bednarz, our Nashville premises liability attorneys will gather the necessary information to highlight how the store owner should have known about the hazard and how their inaction caused you harm. If insurance refuses to pay you what you deserve, then we will seek compensation through the legal justice system.

Injured? Speak with Our Nashville Slip-and-Fall Lawyers

Slip-and-fall injuries can be debilitating, causing you to miss precious time with loved ones. While the joys of life may be hard to appreciate, you may be unable to work or be forced to work a reduced schedule. This only leads to further financial and emotional distress. At Bednarz & Bednarz, our Nashville slip-and-fall attorneys are committed to helping injured parties recover every cent owed to them. To discuss your case, contact our office online or by calling (615) 623-8789 at your earliest opportunity.