According to Tennessee’s Department of Health, 970 deadly falls occurred in the state in 2020. Falls are one of many things that can go wrong when you are visiting someone else’s property. Other common causes of injuries include attacks due to negligent security; swimming accidents due to unsafe or unsecured pools, and elevator accidents due to inadequate maintenance.
In these and other situations where you were hurt when visiting another person or entity, you should understand your legal rights under Tennessee law. A Maryville premises liability lawyer can help.
Our firm knows premises liability laws inside and out and we are ready to fight for fair compensation when someone hurts you by failing to maintain their space properly. Give us a call at (865) 691-2777 today to schedule a consultation and learn more about the assistance we can offer.
What are the Premises Liability Laws in Maryville?
Tennessee law says property owners have a certain obligation to those who come onto their property. If those owners fail to fulfill that obligation and someone gets hurt, they can be found liable for losses.
The nature of the obligation depends on why the visitors are on the property. Visitors are divided into three groups:
- Invitees, who are there for business purposes or for the property owners benefit (customers are an example)
- Licensees, who are there for the mutual benefit of the visitor and property owner (these are social visitors, like friends and neighbors)
- Trespassers, who are uninvited.
A Maryville personal injury lawyer can assist you in determining which group you fall into, and thus what legal arguments you can make to recover monetary compensation for losses.
A Property Owner’s Duties Under Premises Liability Law
Under Tennessee Code Section 29-34-208, “a possessor of real property owes no duty of care to a trespasser except to refrain from willfully, with negligence so gross as to amount to willfully, intentionally, or wantonly causing injury.”
Unless a property owner intentionally or recklessly causes injury to a trespasser or creates an “attractive nuisance” or a dangerous condition likely to entice someone to enter their land, such as a swimming pool, they are generally not going to be held responsible if a trespasser is harmed.
The rules are much stricter for licensees or invitees, though. As Rice v. Sabir explains, property owners must exercise “reasonable care with regard to social guests or business invitees in the premises. The duty includes the responsibility to remove or warn against latent or hidden dangerous conditions on the premises of which one was aware or should have been aware through the exercise of reasonable diligence.”
How Can a Maryville Premises Liability Attorney Help You?
An attorney can provide assistance in determining your status on the property, gathering evidence to show the owner breached their duty to you, and helping you to prove damages. With the right legal help, you can maximize your chances of recovering compensation for all your losses.
Contact The Lawyers of Brown and Roberto at (865) 691-2777 today to schedule a free consultation with a Maryville premises liability attorney to learn more.