Franklin Slip and Fall Lawyer
Slipping and falling on someone else’s property in Franklin can cause serious injuries and in some cases death. If the harm was the result of the property owner’s negligence, a lawsuit for monetary compensation may be an option.
To learn if your incident is a valid case contact our Franklin slip and fall lawyer for a free case evaluation. An experienced personal injury attorney can help you understand who may be at fault for your injuries and can help you determine your next steps.When is Someone Liable for a Slip and Fall?
To prove a slip and fall case, an individual must be able to prove all the elements that make up negligence by a preponderance of the evidence. First, is the law that requires people to behave in a manner that does not cause injury or property damage to someone else. For example, a property owner, whether a homeowner or a business, has a duty to keep the premises free of hazards or at least providing ample warning that a hazard exists, such as a well-placed sign or a barrier to prevent access to the hazard.
Failing to exercise a duty of care toward someone is a breach, which can include failing to act reasonable or acting unreasonably. In the case of a slip and fall, this can be a failure to repair a known hazard. The breach causes a foreseeable incident to happen, and that incident must lead to an injury that incurs expenses, called damages.Typical Injuries in Slip and Fall Cases
Injuries resulting from a slip and fall can include anything from a twisted ankle to a bone fracture, a dislocated shoulder to nerves stretching or tearing.Hip fractures from falling sideways account for 95 percent of all slip and fall injuries, according to the Centers for Disease Control. Statistics show women fall more often, sustaining 75 percent of these injuries. Damage to the spinal cord, vertebrae, and head injuries are the most serious potential injuries and can result in paralysis, seizures, and concussions.Potential Recoverable Damages in Franklin
A civil lawsuit can claim economic and non-economic damages. Medical care, therapeutic treatments, medical equipment, and devices are expenses a person may claim. If a person cannot work because of the injury and exhausts any vacation and sick time, they may also claim lost income. Suffering serious injuries may cause pain, suffering, emotional trauma and mental anxiety that a person can recover compensation for.
In cases where the harm was deliberately caused, or the plaintiff’s behavior was egregious, the court may award punitive damages. Tennessee places a limit of $750,000 on these damages. A Franklin slip and fall lawyer could help an individual pursue damages for their injuries.Tennessee’s Statute of Limitations
In injury cases such as a slip and fall, Tennessee only allows one year to file a lawsuit seeking damages. Failing to file a slip and fall injury case within that time limit may disallow suing for that incident. The only exceptions are if the injured person is incapacitated or a minor. In those situations, the time limit may be extended until the person recovers legal capacity or a minor reaches age 18.Talking to a Franklin Slip and Fall Attorney
Any time a person slips and falls on another’s property due to a foreseeable hazard the owner failed to fix or warn them about, they may be able to recover compensation for their injuries. A Franklin slip and fall lawyer could help them determine what they may be able to recover.
If you or a loved one suffered an injury in any type of slip and fall accident, do not hesitate to contact a Franklin slip and fall attorney today to arrange for a free consultation.