Nashville Premises Liability Lawyer

As defined by law, a premises liability case stems from the owner of property, who either knows or should have known that there was a danger and did not do anything to warn other persons.

Many people have a misconception that if a person falls or slips, or is injured at a commercial property or at someone's home, that it is automatically covered by insurance. However, it is not. There has to be some type of fault or liability on behalf of the owner.

If you have been injured due the negligence of another, it is imperative to consult with an injury attorney as soon as possible. An experienced Nashville premises liability lawyer can gather the elements of the case and put together a claim to help maximize any damages you may be entitled to.

Definition of a Licensee

Historically, in Nashville and throughout Tennessee, a licensee is a person who has a legal right to be on or in possession of property as opposed to a trespasser or an invitee.

That definition has given way to merely identifying whether the person was a trespasser or not, and if they had an implied or expressed legal right to be on the property. To best understand the legal definitions regarding a case, an individual should contact a premises liability lawyer in Nashville immediately.

Elements of a Case

Every property owner has a certain duty of care for their property and for the people who are on their property. A premises liability case is qualified when the property owner breaches their duty and has created a dangerous condition.

For example, perhaps there is a hole in the parking lot at an individual’s store. The owner is aware of it, does not warn others of the danger, and makes no effort to fix it.

Another example is at a grocery store where an employee mopped the bathroom floor and failed to place a “wet floor” sign in the area. If the owner knows of a danger and does not warn others, or creates a danger and does not warn others, then that would qualify as a premises liability case if someone were to fall and become injured.

In such instances, an individual should not hesitate before consulting with a Nashville premises liability attorney to begin preserving evidence relevant to the case.

Process of a Liability Claim

All liability cases revolve around somebody's duty to act like a reasonable person.

For instance, in a car accident case, an attorney would look at the person operating the car. They would assess if a reasonable person would have operated the car in that manner, if they stopped at the stop sign, et cetera. Similar steps will be taken in a Nashville premises liability case.

Property owners try to protect the people that come on their property from dangers they would not know about. For instance, if a person has a doorbell that shocks people every time they ring it and does not warn others or fix it, that could be a premises liability case. It is a danger that people could not normally see. A premises liability lawyer in Nashville can help bring claims against such individuals.

Duty of Care

The duty of care in Nashville, and throughout Tennessee, is that the owner of property must use reasonable and ordinary care to keep their property safe. They must protect any invitees from injury from any unreasonable risk that the invitee on the property would not be able to discover on their own.

In other words, if there is a very obvious hole in the front yard and everyone could see it, then the property owner may not be responsible for that.

However, if there is a big hole in the front yard that no one can see because the weeds have grown up over it, or there are sticks covering it up, for example, even a careful person would not be able to see that.

The owner of that property would owe a duty of reasonable and ordinary care to fix the problem or warn the person coming on the property. To prosecute an individual for the failure to provide reasonable care, an individual must consult with a Nashville premises liability lawyer immediately.