When you enter someone else’s property—whether it’s a grocery store, a friend’s home, or a public park—you have a reasonable expectation of safety https://cummings.law/. In Tennessee, premises liability laws are designed to protect individuals who suffer injuries due to unsafe property conditions. If you’re a property owner or someone who’s been injured on another’s property, it’s crucial to understand these laws and how they may affect your rights or responsibilities.
What is Premises Liability?
Premises liability is a legal concept that holds property owners and occupiers responsible for certain injuries that occur on their property. Common premises liability claims include:
- Slip and fall accidents
- Dog bites
- Inadequate security leading to assault
- Dangerous conditions (e.g., broken stairs, poor lighting)
- Swimming pool accidents
In Tennessee, the success of a premises liability claim hinges on several key factors, including the injured party’s legal status and the property owner’s duty of care.
Legal Status of the Visitor
Tennessee law classifies visitors into three main categories:
1. Invitee
An invitee is someone who has been invited onto the property for a business purpose, such as a customer in a store. Property owners owe the highest duty of care to invitees. They must inspect the premises for potential dangers and either repair or warn of any known hazards.
2. Licensee
A licensee enters the property for social reasons, such as a guest at a barbecue. Property owners must warn licensees of known dangers that are not obvious.
3. Trespasser
A trespasser enters the property without permission. Generally, property owners owe no duty of care to trespassers—except that they cannot willfully harm them. However, exceptions exist for child trespassers under the attractive nuisance doctrine, such as in cases involving swimming pools or abandoned machinery.
Key Elements of a Premises Liability Claim in Tennessee
To establish a successful premises liability claim, the injured party must prove:
- Duty of Care – The property owner had a duty to maintain a safe environment.
- Breach of Duty – The property owner failed to meet that duty.
- Causation – The breach directly caused the injury.
- Damages – The injured party suffered losses (e.g., medical bills, lost wages, pain and suffering).
Comparative Fault in Tennessee
Tennessee follows a modified comparative fault system. This means if the injured person is less than 50% at fault for the accident, they can recover damages, but the compensation will be reduced by their percentage of fault. For example, if you are awarded $100,000 but found 20% at fault, your compensation will be reduced to $80,000.
Statute of Limitations
In Tennessee, premises liability claims must be filed within one year of the date of the injury. Failing to file within this time frame can result in losing your right to compensation.
Final Thoughts
Whether you’re a homeowner, business operator, or someone who’s been hurt due to unsafe conditions, understanding Tennessee’s premises liability laws is essential. Property owners must take reasonable steps to keep their premises safe, and injured parties have the right to seek compensation when that duty is breached.
If you or someone you know has suffered an injury on someone else’s property, it’s wise to consult with an experienced personal injury attorney to explore your legal options and protect your rights.
Need Legal Help?
Have questions about a premises liability case in Tennessee? Feel free to reach out—we’re here to help you navigate the complexities of personal injury law and get the justice you deserve.
