Chattanooga Premises Liability Lawyer

Experienced Chattanooga premises liability attorneys helping injury victims recover compensation for accidents on dangerous properties. If you’ve been injured due to a property owner’s negligence, The Higgins Firm will fight for the justice you deserve.

Injured on Someone Else’s Property in Chattanooga?

One moment you’re shopping at a store, visiting a friend’s apartment, or walking through a parking lot. The next, you’re seriously injured because of a hazardous condition that should have been fixed or marked with a warning.

Your injuries might range from a painful sprain to broken bones, head trauma, or worse. Medical bills pile up while you’re unable to work. The physical and emotional toll affects every aspect of your life.

You shouldn’t have to bear this burden alone.

Property owners in Chattanooga have a legal responsibility to maintain safe premises for visitors. When they fail in this duty, Tennessee law holds them accountable for injuries that result from their negligence.

How Premises Liability Works in Tennessee

Premises liability is the legal principle that property owners and occupiers are responsible for injuries caused by unsafe conditions on their property. This encompasses a wide range of situations, from slip and fall accidents to inadequate security resulting in assault.

Tennessee’s approach to premises liability has evolved significantly. In Hudson v. Gaitan (675 S.W.2d 699), the Tennessee Supreme Court abolished the traditional distinctions between invitees and licensees, though it maintained a separate category for trespassers. This means property owners owe a duty of reasonable care under the circumstances to most people legally on their property.

Common premises liability cases we handle in Chattanooga include:

• Slip and fall accidents due to wet floors, ice, or debris
• Trip and falls from uneven surfaces, potholes, or poor lighting
• Falling merchandise in retail stores
• Inadequate security leading to assault or robbery
• Swimming pool accidents and drownings
• Dog bites and animal attacks
• Elevator and escalator accidents
• Stairway collapses or defects
• Exposure to toxic substances
• Building code violations leading to injuries

Property Owner Responsibilities in Chattanooga

Property owners and managers in Chattanooga must take reasonable steps to ensure their premises are safe for visitors. This includes:

• Regularly inspecting the property for hazards
• Promptly repairing dangerous conditions
• Warning visitors about known hazards that haven’t yet been fixed
• Following all relevant building codes and safety regulations
• Providing adequate security based on the location and circumstances
• Maintaining proper lighting in walkways, stairwells, and parking areas

The specific duty varies depending on the type of property. A commercial property like a shopping mall is held to a higher standard than a private residence. Additionally, the duty may increase in certain circumstances, such as when special events bring large crowds to a venue.

Proving a Premises Liability Claim in Tennessee

To succeed in a premises liability claim in Chattanooga, we must establish:

1. The defendant owned, occupied, or controlled the property
2. A dangerous condition existed on the property
3. The defendant knew about the condition or should have known through reasonable inspection
4. The defendant failed to fix the hazard or warn about it
5. This negligence directly caused your injuries
6. You suffered actual damages as a result

Tennessee follows the modified comparative fault rule established in McIntyre v. Balentine (833 S.W.2d 52). Under this principle, you can recover damages as long as your own negligence doesn’t exceed that of the property owner. However, your compensation will be reduced by your percentage of fault.

For example, if you’re found 20% responsible for your injury and awarded $100,000, you would receive $80,000. But if you’re deemed 51% or more at fault, you cannot recover anything.

Compensation Available for Premises Liability Victims

If you’ve been injured due to a property owner’s negligence in Chattanooga, you may be entitled to compensation for:

• Medical expenses (both current and future)
• Lost wages and diminished earning capacity
• Physical pain and suffering
• Emotional distress
• Disfigurement or permanent disability
• Loss of enjoyment of life
• Property damage
• In fatal cases, wrongful death damages for surviving family members

The value of your claim depends on many factors, including the severity of your injuries, their impact on your life, the clarity of the property owner’s negligence, and the available insurance coverage.

How The Higgins Firm Advocates for You

Our Chattanooga premises liability attorneys bring decades of experience and a strategic approach to every case:

1. Thorough investigation: We inspect the accident scene, obtain surveillance footage, gather witness statements, and collect evidence before it disappears.
2. Expert consultation: We work with safety engineers, building code experts, medical professionals, and economic analysts to strengthen your case.
3. Detailed documentation: We compile comprehensive evidence of your injuries and damages, including medical records, employment documents, and expert testimony about future needs.
4. Aggressive negotiation: We leverage our reputation and case preparation to pursue fair settlements from insurance companies.
5. Trial readiness: While many cases settle, we prepare every case as if it will go to trial, giving us a stronger position in negotiations.

Our strategy has helped countless premises liability victims in Chattanooga recover the compensation they deserve for their injuries.

Taking Action After a Property Accident in Chattanooga

If you’ve been injured on someone else’s property:

1. Seek medical attention immediately, even if your injuries seem minor at first
2. Report the accident to the property owner, manager, or supervisor
3. Document everything – take photos of the hazardous condition and your injuries
4. Collect contact information from witnesses
5. Keep all evidence, including the shoes and clothing you were wearing
6. Don’t give recorded statements to insurance adjusters
7. Contact our Chattanooga premises liability lawyers for a free consultation

Remember, Tennessee’s statute of limitations for personal injury claims is just one year from the date of injury (Tennessee Code § 28-3-104). This gives you limited time to take legal action, so don’t delay.

Local Chattanooga Premises Liability Attorneys

The Higgins Firm has deep roots in Chattanooga and throughout Tennessee. Our attorneys understand the local court system, judges, and defense tactics used by property owners and their insurance companies.

With offices throughout Tennessee, including Nashville, Memphis, Knoxville, and right here in Chattanooga, we’re positioned to provide powerful representation no matter where your accident occurred.

Don’t face this challenging time alone. Our Chattanooga premises liability attorneys offer free consultations to discuss your case and explain your options. We work on a contingency fee basis, meaning you pay nothing unless we win compensation for you.

Call The Higgins Firm today or complete our online form to schedule your free case evaluation.