Many personal injury cases start innocently enough in a retail store or even someone else’s home. A customer may slip and fall on a puddle that the store neglected to clean up. A faulty staircase rail collapses, causing a visitor to trip and fall. Negligent security may enable an attacker to enter a hotel after hours and assault a guest.
All of these personal injury cases fall under the category of premises liability. All Tennessee property owners have a legal duty to keep their premises in reasonably safe condition. When a visitor to the property is injured due to a hazardous condition that the owner knew about–or should have known about–the victim may be entitled to compensation.
Premises Liability Claims Across Hendersonville and Nashville
Property owners are not liable for every accident that occurs on their premises. Tennessee courts have repeatedly said liability is based on the owner’s “superior knowledge of the premises.” The owner must exercise “reasonable care” to prevent injuries to guests and other persons who are lawfully on the property.
In a premises liability case, the victim must prove the owner–or an operator or agent acting on the owner’s behalf–created a dangerous condition that directly led to the victim’s injury. Even if the owner did not have actual notice of the hazardous condition, liability still exists if there was “constructive notice.” This means the owner (or their agents) should have discovered and remedied the defective condition through the exercise of “proper diligence.”
At Bednarz & Bednarz, our attorneys have over 60 years of combined experience in handling premises liability and other personal injury claims. We understand the difficulty victims face in proving their case. The property owners are typically at an advantage since they control the premises and have access to most of the evidence, including employees who may be witnesses.
Commercial insurers also have extensive experience in defending against premises liability claims. This is why you need someone on your side who knows the law, knows the insurance companies, and knows how to make sure your claim is taken seriously.
Assertive Representation When You Need It
Many victims are embarrassed following an accident and are reluctant to pursue a civil lawsuit. But premises liability is not a minor matter. Every day, people are injured in Nashville, Hendersonville, and throughout Tennessee due to hazardous conditions that property owners know about and fail to correct.
These injuries are often severe and, in some cases, life-threatening. Victims may incur thousands of dollars in medical bills, lost wages, and pain and suffering. Property owners should not escape liability if their negligence was a contributing factor.
If you have been injured on someone else’s property, it is in your best interest to contact a qualified premises liability attorney as soon as possible. Every day you wait, valuable evidence may be lost. The attorneys at Bednarz & Bednarz can get to work for you right away to make sure your case is as strong as possible. Contact us online or call 615-256-0100 to schedule a free consultation.
