NASHVILLE SLIP & FALL LAWYER
Anyone can slip and fall, but older people are especially prone to serious fall injuries. Many of these people have gait disorders. Furthermore, most older adults have pre-existing conditions that worsen their fall injuries. Most older fall victims have such severe physical and emotional injuries that they can never live independently again.
Although these matters are complex, an experienced Nashville slip & fall lawyer at Mitch Grissim & Associates can quickly evaluate these claims with a free consultation, identifying the strong points to emphasize and weak points to shore up. This approach helps us obtain maximum compensation.
Insurance adjusters always try to avoid a large payout, and you need a representative on your side that understands the law.
If you believe you have experienced a slip and fall accident and you live in Spring Hill, Wilson County, Davidson County, or the surrounding Nashville area, then contact a Tennessee slip and fall attorney today. We can answer questions and discuss what your legal options are.
What Constitutes a Slip and Fall Accident?
This type of claim is not as simple as falling on someone else’s property and filing a claim. There are many aspects to this kind of personal injury case.
Where Can Slip and Fall Accidents Occur?
The first step in winning these cases is determining the location. Slip and fall accidents can occur anywhere, but for a claim to be filed, it must occur on someone else’s property, such as a home, apartment, or business.
No other party can be responsible for the injury if you are on your property.
Types of Hazards
Two main types of hazards can lead to serious injury.
- Temporary Hazard
A temporary hazard is usually not present for very long. It could be a wet floor that was recently mopped or a piece of debris that just broke off. A temporarily unsafe condition can be harder to prove negligence because the owner may not have sufficient time to address it. You need compelling evidence, such as footage from security cameras, to prove negligence.
- Permanent Hazard
A permanent hazard is a dangerous condition that has been present for a long time. The negligent owner has failed to address this issue. Examples of this hazard could be poor lighting, uneven walkways, or loose mats. A permanent hazard makes it easier for attorneys to win the case.
Who has Liability for the Incident?
Premises liability cases depend on if the property manager is at fault for the hazard that caused the accident. Some of the factors that affect the level of responsibility include the duty of care and knowledge of the hazard.
Tennessee slip and fall lawyers help victims prove that the owner is liable for the incident due to negligence. This is often the most difficult part of slip and fall accidents.
What Damages Were Incurred?
Seeking compensation is the reason behind any personal injury claim. Lawyers can help assess damages that resulted from the injuries. Whether the victim experienced severe injuries like broken bones or more common injuries like a cut or bruise, they could win a settlement based on the cost of the damages.
Damages can include medical bills, lost wages, pain and suffering, or physical therapy. Personal injury lawyers will assess the damages to determine the level of compensation.
Determining Liability
As mentioned above, various factors come into play when determining the premises liability of a property owner.
Duty of Care
Public property owners, like hotel and restaurant owners, usually have a legal duty to keep people safe. The same legal responsibility usually applies to private property owners. In Tennessee, the duty varies depending on the relationship between the victim and the property owner:
Invitee
Most visitors are invitees. They have direct or indirect permission to be there, and their presence benefits the owner economically or non-economically (g. the benefit of social interaction). Since the relationship is so close, most owners have a duty of reasonable care to protect invitees.
Licensee
A person, like a guest of an apartment tenant, is usually a licensee. The victim has permission to be on the property, but there is no benefit. As a result, the owner has less of a legal responsibility. The owner must only warn a licensee about hidden defects, such as an unsteady staircase.
Trespasser
If the victim has no permission to be on the land and there is no benefit, the owner generally has no duty of care. Some doctrines, like the attractive nuisance rule, protect some child trespassers.
In this context, the duty of care usually requires owners to ensure that there are no dangerous conditions. This duty also requires owners to inspect their properties to ensure that safety is maintained.
If you have questions about the duty of care, our law firm offers a free consultation to give you the answers.
Knowledge of Hazard
Pursuing compensation is possible if the victim proves that the owner knew, or should have known, about the hazard which caused the slip and fall accident. This compensation usually covers financial losses, such as medical expenses or lost income, and noneconomic losses, such as pain and suffering.
Proving Knowledge of a Hazard
Frequently, there is direct evidence of actual knowledge. Examples include open maintenance requests and “cleanup on aisle three” announcements.
The victim/plaintiff may also use circumstantial evidence of constructive knowledge (should have known). The time-notice rule usually applies to such evidence.
Assume Linda slips and falls on a piece of lettuce on a grocery store floor. If the lettuce was wet and crisp, it probably just fell on the floor. So, employees did not have sufficient notice about the hazard. But if the lettuce was wilted, it had probably been on the floor for a while.
In both cases, the victim/plaintiffs must establish knowledge by a preponderance of the evidence (more likely than not).
Contact a Diligent Davidson County Lawyer
When you face challenges as a result of a serious injury, you may be able to file a claim. Our experienced attorneys have handled many fall cases, providing legal assistance to victims in their pursuit of justice.
Whether your incident led to small cuts or traumatic head injuries, our team will step in and help you battle against the property owner and their insurance company, no matter what it takes.
Fall injury victims are entitled to significant compensation. To chat with experienced Nashville slip and fall lawyers at our law firm, contact Mitch Grissim & Associates at our toll-free number, 615-255-9999.
