Clarksville Premises Liability Lawyers
Protecting the rights of clients injured on someone else’s property throughout Tennessee
Property owners owe those who visit their property a duty of care to maintain their property in safe condition. When a visitor sustains a serious injury because of hazardous conditions that could have been prevented if not for the property owner’s negligence, the injured person may be able to take legal action and recover compensation.
At the Rocky McElhaney Law Firm, our experienced Clarksville premises liability lawyers are here to fight for your rights when a property owner’s negligence was the cause of your injury. You are welcome to schedule a free consultation to discuss your case today.
What is premises liability?
Premises liability is a subset of personal injury laws that is concerned with the liability property owners have for the injuries visitors might suffer because of hazardous or dangerous conditions on their property. Examples of premises liability include:
- Slip and fall accidents
- Negligent security
- Swimming pool accidents
- Workplace injuries
- Failure to warn about known dangerous conditions
If the property owner fails to maintain the property in safe condition, and a business invitee or guest is injured, the injured person may have grounds to take legal action against the owner.
Negligent security claims
Negligent security is a subset of premises liability law, which is focused on a property owner's duty to provide adequate security and maintain a safe environment for visitors to their property. If a property owner's business is in an area where assaults or muggings or any other type of violent crime has taken place, he or she has a duty to protect the customers who are patronizing their business.
- A business invitee enters the property to do business with the property owner either as a customer, a client or a colleague, and they enjoy the highest level of care from the property owner.
- Social visitors enter the property for social reasons, and a social visitor can visit a business for social reasons.
- Illegal trespassers enter the property without the owner's permission. Trespassers are afforded the lowest duty of care. While the property owner is not permitted to cause intentional harm to a trespasser, if the trespasser injures themselves in the process of committing a burglary, the property owner may not be held liable for their injuries.
In the case of a business invitee and a social visitor, the property owner must make sure that the premises are safe. If they discover a condition that cannot be repaired or mitigated, they must post a warning sign about the dangerous condition.
Trespassing children and premises liability
The law makes an exception for trespassers who get injured when they are children. Thanks to the legal principle called "attractive nuisance," if a property owner fails to attend to hazardous or potentially dangerous conditions on the property that could be attractive to children, he or she may be held liable if a child gains access to the property and is injured. Examples of attractive nuisances include swimming pools, abandoned cars or machinery, broken playground equipment, holes or caves, and abandoned buildings. Property owners must take steps to make sure that attractive nuisances on their property are removed, or in the case of a swimming pool, prevent unauthorized entry to the pool area.
Places in Clarksville that could lead to an injury claim
A premises liability accident injury could potentially take place at any private or public place of business, facility, anywhere in the Clarksville area or throughout Tennessee such as:
- Freedom Point at Liberty Park
- The Pinnacle Family Entertainment Center
- The Clarksville Country Club
- The Wilma Rudolph Event Center
- Downtown Commons
- Governor's Square Mall
- Two Rivers Mall Shopping Center
- Tradewinds North Shopping Center
Conditions that could lead to premises liability claims
The following are the types of conditions that can lead to serious personal injuries:
- Uneven flooring
- Broken tiles
- Poorly maintained railings
- Inadequate lighting
- Inadequate security
- Broken elevators
- Malfunctioning escalators
- Debris on the floor
- Icy or slippery walkways
What is my premises liability injury claim worth?
You are suing the at-fault party because you want to recover compensation for your injuries, so your first question is usually, how much is my case worth? Every injury case is different, so there is no way to come up with a number at the start of your case. There are many factors which contribute to how much you receive, they include:
- The cost of your medical expenses
- The severity of your injury
- The permanency of your injury, whether there will be permanent damage or disability
- How and if the injury diminishes your earning capacity
- The nature of the negligence that caused the injury
What is the statute of limitations for filing a premises liability lawsuit in Tennessee?
The statute of limitations is the legal time limit you have to act. In Tennessee, the statute of limitations for personal injury is one year from the date the injury occurred. (T.C.A. § 28-3-104)
Understand that you have legal options when you have been injured because of a property owner’s negligence. Working with the right Clarksville premises liability lawyer can make all the difference in the outcome of your case. Consider the Rocky McElhaney Law Firm for your injury case.
Trusted Clarksville premises liability lawyers holding negligent property owners accountable
When you or a loved one is injured because of a property owner’s negligence, we invite you to call Rocky at 615-425-2500 or contact the firm to schedule a free initial consultation. From our office in Clarksville, the Rocky McElhaney Law Firm represents clients throughout the state of Tennessee.