What Makes a Strong Nashville Premises Liability Case

Premises liability cases are civil cases or tort cases. These lawsuits are filed on behalf of the injured person to obtain some type of financial compensation to recover for their damages. They are also referred to as personal injury law. But in this case, it would be an attempt to collect damages for somebody who has medical bills, lost wages or loss of future wages, and pain and suffering for the injured person. The law is completely civil and not criminal.

If you have sustained an injury while on ill-cared for premises, it is important to get in touch with a skilled personal injury lawyer. Your attorney should know what makes a strong Nashville premises liability case and can work towards a positive outcome for you.

Do Nashville Premises Liability Lawyers Take on Most Injury Cases?

There are not many premises liability cases, whether they be slip and fall or inadequate security cases. It does not matter how severe the injuries are or whether the injuries are so severe that they died. That would be a wrongful death case. The first component would be to determine what the danger was and what the owner could have done to prevent it or protect the person from it. If the owner did fail in their duty to protect people that were going on the premises, that is what makes a strong Nashville premises liability case.

What Makes a Strong Case

Many people wonder what makes a strong Nashville premises liability case. The easiest way for someone to know that they have a strong case  is by talking to a lawyer who is experienced in these cases. The injured person should be able to explain what the danger was and how the owner of the property either knew of the danger and did not protect him from it, or created the danger.

When to Hire an Attorney

If a person slips and falls at a business and is not really hurt, then they do not need a lawyer. If a person sustains significant injuries, has to have surgery, has broken bones, brain injury, a wrongful death case, or lost wages; they need a personal injury/premises liability lawyer as soon as he can because they are hard cases to prove.

Determining Liability

An experienced attorney first looks at what duty the property owner has. It is a duty of any property owner to use reasonable care to protect others from danger. If it was a trespasser, somebody that was illegally on the property and had no right to be there, for the sake of the statute, that duty does not exist. First look for the duty and then look if there was a breach of that duty of care. In other words, what did the owner of the property know, did he know that there was a dangerous condition or did he create that dangerous condition; and what did he do to protect the public, if anything.

Why Might an Attorney Turn Down a Case

An experienced attorney is going to turn down a premises liability case or personal injury case if they cannot prove that the owner of the store or the property, whether it be a home or commercial business, either created the dangerous condition, or knew about it, or should have known about it.

A common example is water on the floor at a grocery store or in a restaurant. Someone slips and they are injured. If that injured person cannot prove that the puddle had been on the floor for a long period of time; if someone that works at the store put it there; or that the owner should have known about it before the fall; then no attorney would take that case. The injured person would have to prove knowledge and notice.

How an Attorney Can Help

Before taking a case,  a qualified lawyer might think about what makes a strong Nashville premises liability case, and whether your case has those elements. If the case is viable, a skilled lawyer attempts to prove that the owner of the property was negligent. Then the attorney can start to put your case together. In order to do so, they must show that the owner of the property either created the harm or the danger, and did not warn you of the danger, or that the property owner knew about it and did not protect you from it.

Then the personal injury lawyer will determine your compensation for your injuries,  damages, medical bills, lost wages (past and future), pain and suffering, and emotional damages if you have any. If you need medical care in the future, that dollar amount can be determined by an expert retained by the attorney. An experienced lawyer’s responsibility is to get your life back on track. If you have been injured due to a property owner’s negligence, get in touch with a lawyer today.

Author Bio

Jim Higgins, founder of the Higgins Firm, is a seasoned personal injury attorney with deep roots in Nashville, Tennessee. A 4th generation Nashvillian, Jim carries on the legal legacy of his father, a judge for over 30 years. After graduating from the University of Memphis School of Law, Jim’s career began on the other side of the courtroom, defending insurance companies and learning their tactics for minimizing settlements. However, he soon realized his true calling was fighting for the rights of the injured, and for the past several years, he has exclusively represented plaintiffs in personal injury cases.

Since then, his dedication and skill have earned him membership in the prestigious Million Dollar Advocates Forum, an organization limited to attorneys who have secured million and multi-million dollar verdicts and settlements for their clients. Licensed to practice in Tennessee, Kentucky, and Georgia, Jim focuses on personal injury, product liability, medical malpractice, and workers’ compensation cases. His exceptional work has been recognized by his peers, earning him a spot on the Super Lawyers list from 2021 to 2024, a distinction awarded to only a select group of accomplished attorneys in each state.

Google | Linked In | Avvo | State Bar Association