Slip & Fall Accidents: When a Trip Becomes a Legal Case
A slip and fall accident can lead to a range of injuries, from minor to severe. Not all falls lead to a legal claim. However, when a property owner or merchant fails to warn guests or visitors about a hazard or fix an issue, they may be held legally responsible for your injuries. At Bednarz & Bednarz, our Nashville slip and fall attorneys will help you investigate your accident to determine if you should take legal recourse.
Property Owner Failed to Keep Their Property Safe
Tennessee property owners and merchants have a duty to maintain safe premises for customers, guests, and visitors. A property owner who fails to inspect the premises or to warn visitors about a dangerous condition can be held accountable for injuries. For example, a grocery store owner will be held legally accountable if an employee spills a drink and fails to clean it up.
Through vicarious liability, a store owner is liable for the actions of their employees, even if they did not see them perform the act. Nevertheless, this legal duty does not extend to trespassers, who have no legal right or the owner’s permission to be on the property.
The Unsafe Condition Caused Your Injuries
Simply showing the property owner’s negligence is not enough. You must draw a causal link between the owner’s carelessness and the harm you sustained. This is the most challenging piece of a slip and fall case, requiring that you present evidence corroborating your story. This may include photographs of the accident scene, video surveillance, or eyewitness testimony. Also, past incident reports can confirm the venue’s history of negligence.
Our personal injury team will assist you in gathering evidence to prove the store owner’s or property owner’s negligence. This can be a complex process, in some cases requiring that we subpoena the information. There are specific procedures that must be followed, which is why you should never forgo representation.
You Suffered Losses or Damages
A valid slip and fall case hinges on you suffering accident-related losses or damages. Damages may be economic or nnon-economic Economic damages are losses that take money away from you, such as lost wages, hospitalization costs, and physical therapy. Be sure to keep all invoices, bills, and receipts related to your slip and fall.
Non-economic damages are intangible losses that affect your quality of life. While no less significant, insurance companies often lowball non-economic damages since there is no price tag attached. Common noneconomic damages include pain and suffering, infliction of emotional distress, and permanent disability.
While there is no cap on economic damages in Tennessee personal injury cases, there is a $750,000 noneconomic damage cap for standard personal injury claims. This cap is raised to $1 million for catastrophic injury claims. Tennessee law defines a catastrophic injury as being either a spinal cord injury that results in paraplegia or quadriplegia, a traumatic amputation of the hands or feet, or severe burns. If you are unsure if you are eligible to file a catastrophic injury claim, you should speak with our Nashville slip and fall lawyers.
Injured? Reach Out to Our Nashville Slip and Fall Lawyers Today
If you have been injured while on another person’s property, legal relief may be available. Although a slip and fall may lead to minor cuts and bruises, the psychological distress is no less impactful. At Bednarz & Bednarz, our Nashville slip and fall attorneys advocate aggressively for injured persons and are eager to represent you. To arrange your free consultation, contact our office online or by calling (615) 623-8789 today.
