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Davidson County Premises Liability Lawyer

Premises liability law allows victims injured by dangerous conditions to be compensated for their losses.

Business premises, government buildings, and even homeowners must follow the law of premises liability to maintain safe conditions for their visitors. When they do not, a Davidson County premises liability lawyer could help individuals recover damages for their injuries. A skilled personal injury attorney could advocate for them.

Premises Liability Law and Property Owners

Premises liability law was developed to protect people injured because of dangerous conditions maintained by property owners. This law also puts property owners on notice about what precautions they should take to prevent injury to their visitors. These conditions include:

  • Broken pavement
  • Uneven walking surfaces
  • Spills of liquid on flooring that cause a slip and fall
  • Ice, snow, or mud on walkways
  • Broken or uneven stairs
  • Loose carpeting
  • Dog bites
  • Poor lighting and lax security that contributed to a criminal assault
  • Violation of building codes
  • Any other unsafe conditions of design or maintenance that caused injury to visitors
Who Is Protected by Premises Liability Laws

Premises liability protects certain classifications of visitors to property, and excludes others making a claim for injuries. There are three classes of visitors under the law, and each is treated differently. They are:

Invitees

Invitees are on the premises in question at the express invitation of the property owner. An invitee can be a friend, tradesmen, or relatives, for example. The landowner owes invitees a duty of care to take reasonable steps to maintain safe conditions and protect them from harm.

Licensees

A licensee is someone on the property with the express or implied permission of the landowner, but who is there for their own benefit.  An example of a licensee is someone selling door to door, or on the property looking for a lost pet.

The landowner is liable for licensee injuries if a) the landowner knows of the dangerous condition; b) the condition is not apparent to the licensee; and c) the owner does not correct it or warn visitors about the condition.

Trespassers

Trespassers are those on the property without the owner’s permission and without a legal reason to be there.  In Tennessee, an adult trespasser cannot recover for injuries unless the landowner causes the injury willfully or because of gross negligence or recklessness.

If the trespasser was a child, there are some circumstances where the landowner is responsible for injury or death. This is called the attractive nuisance or the playground exception, where the landowner maintains a condition that draws children onto the property and the landowner is aware of this.

Other conditions need to be met, and should be discussed with a premises liability attorney. This special provision for children is contained in T.C.A. § 29-34-208.Potential Compensation

Individuals who are injured in premises liability cases can expect compensation for their damages including:

  • Ambulance bills
  • Emergency department and hospital charges
  • Doctor’s bills
  • Rehabilitation expenses
  • Lost wages
  • Future medical bills
  • Full compensation for pain and suffering

Pain and suffering compensation is the best effort to monetize the pain suffered from the injury, including the inconvenience, lifestyle interruption, worry, stress, and future disability. This is often the largest portion of any settlement or judgment. A Davidson County premises liability lawyer could help an individual build their case.

Working With a Davidson County Premises Liability Attorney

If you or a loved one has been injured on the property of another, contact a Davidson County premises liability lawyer to discuss your claim and create a plan of action.

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