NASHVILLE SLIP & FALL LAWYER
Anyone can slip and fall at any time, just like a drunk driver appears without warning. But older people are especially prone to serious fall injuries. Many of these people have gait disorders. So, when they stumble, they usually fall. Furthermore, most older adults have pre-existing conditions which make their fall injuries worse. Most older fall victims have such severe physical and emotional injuries that they can never live independently again.
Although these matters are complex, as outlined below, an experienced Nashville slip and fall lawyer at Mitch Grissim & Associates can quickly evaluate these claims with a free consultation, identifying both the strong points and weak points. As the case progresses, we emphasize the strengths and shore up the weak areas. This approach helps us obtain maximum compensation for your serious injuries.
Insurance adjusters will do whatever is necessary to avoid a large payout in the event of a claim, 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 for a free consultation about your case. We can answer questions about premises liability, who could be held responsible, and what your legal options are going forward.
What Constitutes a Slip and Fall Accident?
This type of claim is not a black and white issue of slipping and falling on someone else’s property and then filing a claim. There are many aspects to this kind of personal injury case that must be present for a claim to be filed.
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, they have to take place on someone else’s property, whether that is an individual’s private property, apartment complexes, or businesses.
If you are on your property, then there is no other party that can be responsible for the slip and fall that led to the injury.
Types of Hazards
Two main types of hazards can lead to a serious injury.
Temporary Hazard
A temporary hazard is usually not present for a very long time. It could be a wet floor that was recently mopped or a piece of debris that fell over or broke not too long ago. A temporarily unsafe condition can be harder to prove negligence because the owner may not have had sufficient time to address the hazard. You may need to have compelling evidence such as footage from security cameras to prove negligence.
Permanent Hazard
A permanent hazard, on the other hand, is a dangerous condition that has been present for a long time. The negligent property owner has failed to address this issue for a while, resulting in an injured person. Examples of this hazard could be poor lighting, uneven walkways, or other long-term conditions. A permanent hazard that is left unchanged makes it easier for slip and fall attorneys to win the case. Proving the existence of a hazard is a key aspect of any premises liability claim.
Who has Liability for the Incident?
Premises liability cases depend on if the property owner 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, which will both be expanded on later.
A slip and fall lawyer has to help the victim prove that the property owner is liable for the incident because of their negligence in correcting the issue. This is often the most difficult part of a slip and fall case.
What Damages Were Incurred?
Pursuing fair compensation is the reason behind any personal injury claim. Nashville slip and fall lawyers can help assess any potential damages that resulted from the injuries of the victim. 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 for the fall victim, lost wages, pain and suffering, or physical therapy. Personal injury lawyers can help you assess the damages and determine the level of compensation that would make sense for the claim.
Determining Liability
As mentioned above, various factors come into play when determining the premises liability of a property owner that personal injury attorneys and their clients will have to prove.
Duty of Care
Public property owners, like hotel and restaurant owners, usually have a legal duty to keep patrons and employees reasonably safe. The same legal responsibility usually applies to private property owners, such as homeowners. In Tennessee, the duty varies depending on the relationship between the victim and property owner, as follows:
Invitee
Most visitors are invitees. They have direct or indirect permission to be on the property, 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 most invitees. More on this duty is below.
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 latent (hidden) defects, such as an unsteady staircase or uneven pavement.
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, such as uneven walkways or large sidewalk cracks. This duty also requires owners to inspect their properties to ensure that they maintain safe premises.
If you have questions about the duty of care in your case, our law firm offers a free consultation to give you the answers you need.
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 includes money for financial losses, such as medical bills or lost wages, 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, and someone should have picked it up.
In both cases, the victim/plaintiffs must establish knowledge by a preponderance of the evidence (more likely than not).
Contact a Diligent Davidson County Slip & Fall Lawyer
When you have experienced financial difficulties as a result of a serious injury due to a dangerous condition, you may be able to file a claim. Our experienced slip and fall attorneys have handled many fall cases that were caused by someone else’s negligence, providing legal assistance to victims in their pursuit of justice and accountability.
Whether your incident led to small cuts and bruises 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. For a free consultation with an experienced Nashville slip and fall lawyer at our law firm, contact Mitch Grissim & Associates at our toll-free number, 615-255-9999. You have a limited amount of time to act.
