How to Prove a Premises Liability Claim in Tennessee
Premises liability claims in Tennessee are based on damages caused by commercial property owners who fail to implement the reasonable care required by law. Nashville’s massive influx of year-round tourists and the city’s focus on hospitality translate to high-volume premises liability claims. Because the legal intricacies involved are complex, reaching out to our experienced Nashville premises liability attorneys at Bednarz & Bednarz is always advised.
Proving the Property Owner’s Negligence
Commercial property owners owe their patrons, customers, and visitors a duty of care. Ultimately, if you are on the premises legally, the property owner has a responsibility regarding your safety.
Taking the Necessary Precautions
To bring a successful premises liability claim, you’ll need to prove the property owner’s negligence, but it doesn’t end there. Negligence in premises liability claims means failing to take the same level of care or the same precautions that other reasonable commercial property owners would under similar circumstances.
Actual Knowledge vs. Constructive Knowledge
To hold a property owner responsible for a risk factor that caused you to be injured, you’ll need to prove that they knew about it or that they reasonably should have known about it. This prior knowledge can be actual or constructive.
Actual knowledge means that the property owner or manager knew about the danger, such as if they were responsible for it in the first place. Having the floor mopped but failing to erect warning signs is a prime example. Risk factors that were already reported to management also qualify.
Constructive knowledge, on the other hand, relates to risk factors that management reasonably should have known about or discovered. This generally means that the danger was present long enough for reasonably prudent property owners to notice.
A Pattern of Conduct
If the hazard that caused you to be injured was not an isolated incident, the property owner’s constructive knowledge may be established in relation to a pattern of conduct. If the risk factor was something the owner routinely ignored or was frequently occurring, such as a walkway that is prone to becoming slippery, their failure to address the issue can qualify as negligence.
Proving Liability
To prove the property owner’s liability, you’ll need to demonstrate that their failure to uphold the duty of care owed was the direct cause of your injuries and legal damages. Your case will hinge on the evidence. And consulting with a savvy premises liability lawyer from the start helps to ensure that you’ll have a solid claim that addresses your physical, financial, and emotional losses head-on.
Our Experienced Nashville Negligent Premises Liability Lawyers Are Standing By to Help
Our capable Nashville premises liability attorneys at Bednarz & Bednarz will leave no stone unturned in our efforts to achieve an optimal outcome on your behalf. Your claim is important, so please don’t put off reaching out for more information about how we can help. Contact us to see what we can do to help by messaging us online or calling our firm at 615-623-8789 today.
