Duty of Care in Nashville Private Property Premises Liability

Tennessee practices “Reasonable Duty of Care,” and “Reasonable Property Owner Standard.” Property owners have a duty of care in Nashville private property premises liability by maintaining their property in a reasonably safe condition.

If you have been injured due to someone else's negligence, a distinguished private property lawyer can help you build a strong case for the damages you deserve.

If they know that there is a dangerous condition on the property and somebody is visiting, the property owner has a duty to warn visitors of the condition. Property owners have a duty to keep visitor’s safe.

Role of the Condition of a Property

The condition of the property is the first element to consider regarding a premises liability case. Whatshape the property is in can be a reflection on the overall case for duty of care in Nashville private property premises liability. If someone falls, the real estate owner is going to be liable.

Impact of Property Type

The “Reasonable Owner Standard,” would first apply to what type of property it is; the duty of the property owner may change. For instance, the property owner has a duty to make sure that a house, apartment or a condominium that is being rented out is in a safe condition before they rent it.

The property owner has a duty to make sure that if there is a lot of crime in the area, that the property is well lit or that there is a fence in place; that any stairs are in good condition; and that the floor is in good condition.

Before a person rents a residence, the person would need to make sure it is safe. Even before a person sells a certain property, the person would want to make sure that any dangerous conditions were disclosed to the new owner.

Effect of a Visitor’s Actions on a Premises Case

Tennessee is a comparative fault state. The focus is not solely on the owner or manager of the property. In a premises liability case, one would look at the owners of the real estate just to make sure they acted in a reasonable and a safe manner and kept their property in a safe condition.

One would also look at the person that was injured to confirm their actions are considered reasonable. If the individual was intoxicated, the accident may be their own fault and the owner would have no responsibility. In Tennessee, a jury or a judge is going to examine both parties’ responsibility for the accident and they can assess fault accordingly.

Rights of the Property Owner

Everyone in this country is very fond of having legal rights. People have the right to possess property, and to build on it subject to any codes or limitations, and has the right to use it as the individual wants to, including the right to control who comes on their property.

The property owner can keep everyone off their property or build a business and invite a thousand people onto their property. The person has the right to control the property they own. They have the “Right of Exclusion,” which means the right to keep people off their property.

Local Property Laws

If a person is leasing property, there are federal laws that apply to property, anywhere in Tennessee. Their duty of care in Nashville private property premises liability means abiding by Anti-Discrimination Laws. A person cannot discriminate and not rent to people basedupontheir race or religion.

The person has to make sure that the individual's property is compliance within the person’s appropriate American With Disability Act (this would be applicable to an apartment complex, for example).

Tennessee has a “Residential Landlord Tenant Act” which states that a person has to provide what a “Habitable Housing” or an “Implied Warranty of Habitability.”

The individual must havepropertythat it is safe for someone to live in, safe water todrink,and that the air is clean. They need to ensure that the electrical work is not dangerous, there are no broken heaters or HVAC and that it is an overall livable piece of property.