Nashville Premises Liability Attorneys
Aggressive representation for the injured throughout Tennessee
Property owners in Tennessee have the duty to maintain their properties and keep the public safe from harm. If they fail to do so, they may be liable for any injury that occurs on their land. The duty to protect the public applies to retail stores, professional offices, restaurants, apartments, schools, community organizations, and all businesses that are open to the public. Homeowners may be liable for accidents on their property too.
Rocky McElhaney Law Firm in Nashville takes pride in holding property owners accountable for their actions, We can help you recover the financial compensation you need to heal from your injuries. Our premises liability lawyers in Nashville, Hendersonville, and Clarksville view each case as a way to improve public safety. We aggressively advocate on your behalf to make sure that this never happens to you or to anyone else ever again. We demand full compensation for all your medical bills; lost income; pain and suffering; and all the ways premises liability injuries are affecting your life.
Our Nashville premises liability accident lawyers have obtained numerous strong premises liability verdicts, including:
- $525,000 FEDERAL JURY VERDICT against Wal-Mart for an Antioch mother who slipped in water on the floor. The twist caused tearing in the knee, which led to multiple surgeries and a permanent limp. The jury found Wal-Mart failed to clean up the water. After assessing 90% fault to Wal-Mart and 10% fault to the shopper, the final recovery for our client was $472,500.
- $419,157 JURY VERDICT against Suburban Lodge in favor of a woman who was injured on a defective and dangerous disability assessable ramp at the hotel. We established that the ramp violated Metro codes and was dangerous and defective. The injured lady suffered a fractured ankle and underwent knee surgery. The judgment will help the injured woman receive future medical care that her doctor testified she would need because of her injuries.
Answers to Your Questions
- What is a premises liability accident?
- What types of premises liability accidents do you handle?
- Does the duty of care differ depending on my reason for being on the property?
- Why do premises liability accidents happen in Nashville?
- What types of injuries happen on unsafe premises in Nashville?
- What is the notice requirement in a Nashville premises liability case?
- Do you have a premises liability lawyer near me?
"When I was a teenager, Dad got hurt. Insurance company wouldn't pay. We lost our house. But, Dad got a lawyer and we got justice. That's the moment I decided to become an attorney. As a lawyer, I have dedicated my life to helping injury victims."
What is a premises liability accident?
Property owners are responsible for any hazards that may be present on their premises. The owners need to inspect their property on a regular basis and make repairs when dangerous conditions are present. When property owners don’t have the time or resources to make repairs, they need to warn the public about the dangers.
The duty to protect the public includes apparent hazards, like a guard dog or uneven pavement, as well as hidden hazards, like shards of glass or asbestos. Moreover, if a dangerous condition exists on a property and that danger is something the property owners should have known about, they can be held accountable for any injury that occurs. This includes temporary hazards as well, like a wet floor or a snow-covered sidewalk.
Premises liability cases also arise from the failure to provide proper security measures. If a property owner's negligence results in a third-party attack on a visitor, they can be held responsible for negligent security. This commonly occurs in apartment buildings where broken doors and windows may allow criminals to gain access. It can also occur anywhere money is exchanged or anywhere alcohol is served.
In addition to for-profit businesses and organizations that provide non-profit or community services, homeowners may also be liable. If someone slips and falls, is bitten by a dog, or is injured due to the dangerous conditions on a homeowner’s property, the homeowner may be held responsible.
Does duty of care differ depending on my reason for being on the property?
Your life is busy. As you go into and out of buildings, both public and private, you may unconsciously take for granted that you will be safe. You don’t worry that you might lean on the railing of a steep flight of stairs and feel the railing give way, causing you to stumble. It may not occur to you that someone might come around the corner and hold you up at gunpoint.
Under Tennessee law, property owners owe different levels of responsibility for those on their property depending on each person’s purpose for being there:
- Business invitees such as clients, customers, and colleagues are afforded the highest level of responsibility.
- Licensees (social invitees) such as visitors to a private home for a party or even to share a cup of coffee on the porch represent the next level of responsibility.
- Illegal trespassers are those who gain entry to the property illegally. A property owner may not cause intentional harm to a trespasser, but any injury a trespasser incurs is their own responsibility.
There is one exception to the lack of duty requirement for illegal trespassing. This involves trespassers who happen to be children. Generally, property owners owe a duty of care to children, invited or univited, who might be attracted to a swimming pool, trampoline, or another type of “attractive nuisance” on their property.
Why do premises liability accidents happen in Nashville?
It doesn’t matter if you are a customer entering a store or a tenant in a private residence or commercial business. If the owner of the property where you were injured in Nashville failed to maintain their property in a safe condition, you may be able to file a premises liability lawsuit if you are injured due to:
- Failure to maintain stairways and railings
- Exposure to harmful chemicals
- Failure to repair uneven flooring
- Failure to repair torn carpets, broken tiles or other surfaces.
- Failure to clean up spills and wet floors after enough time has elapsed after the floor became slippery
- Failure to warn about property defects that might not be immediately apparent
- Lead paint poisoning
- Carbon monoxide poisoning
- Gas leak or explosion
- Failure to comply with building codes
- Defective elevators or escalators
- Unfilled holes
After your injury, property owners may try to quickly repair the premises to avoid being liable for your accident. However, Rocky McElhaney Law Firm acts swiftly to prevent this from happening. We team up with experts to investigate the site of the accident and take photographs of the scene. We analyze housing and municipal codes to hold landlords and property owners accountable for dangerous conditions. At trial, our attorneys rely on this evidence to secure the maximum compensation available for our clients.
Victims should contact us immediately so we can investigate the claim. You only have one year from the date of the accident to file your Nashville, Hendersonville, or Clarksville premises liability claim.
What types of injuries happen on unsafe premises in Nashville?
Common premises liability injuries include:
- Traumatic brain injuries and head trauma
- Spinal cord damage and paralysis
- Broken bones
- Traumatic amputation/loss of limb
- Back, neck, and shoulder injuries
- Muscle, ligament, nerve, and tissue damage
- Many other types of injury that require medical attention
We work with your doctors to verify your injuries; the type and length of medical care you require; the cost of your care; and all the ways your injuries are making your life difficult.
What is the notice requirement in a Nashville premises liability case?
To be successful in a premises liability case, you must establish (1) the owner or someone on behalf of the owner created or constructed the dangerous condition or (2) the owner had actual or constructive notice of the dangerous condition before the injury occurred.
Actual notice is knowledge of the facts and circumstances of the dangerous condition. You can establish constructive notice of a dangerous condition if it existed for such a time that it should have been discovered through the exercise of reasonable diligence. It is not enough to establish that a dangerous condition existed. You must prove notice of the condition before the injury.
Do you have a premises liability lawyer near me?
If you were injured while on someone’s property, you can discuss your claim with us at one of our four convenient locations.
545 Mainstream Dr #105
East Nashville Location
615 Main St. M2
475 Saundersville Rd.
2197 Madison Street, Suite 103
We also offer consultations by online video call or over the phone. We meet clients at their homes or other locations if their health prevents them from traveling.
Our Nashville personal injury lawyers take great pride in having earned the nickname “Gladiators in Suits” from former clients, insurance adjusters, and defense attorneys. We have a well-earned reputation for thorough preparation, strong advocacy, and impressive settlements and jury verdicts.
Deliver a knockout punch to negligent property owners in Tennessee
Call Rocky at 615-425-2500 or complete our contact form to schedule a free initial consultation. From our offices in Nashville, Hendersonville, and Clarksville, Rocky McElhaney Law Firm represents clients throughout the state of Tennessee.