Memphis Premises Liability Lawyer

Were you injured on someone else’s property?

Premises liability is an area of civil law involving harm suffered on another’s property. If an invitee (the name for someone allowed to be on a premises) is injured through a dangerous condition on that property, that individual may be able to file a premises liability claim to hold the property owner responsible. A common type of premises liability claim is the well-known “slip and fall,” which involves a slip, trip, or fall because of a dangerous condition such as unmarked wet floors or uneven pavement.

What rights to invitees have?

In Tennessee, invitees have the right to a reasonably safe environment. Property owners have an obligation to repair potential hazards or at least warn visitors of those hazards. In practical terms, this means that invitees have the right to:

  • Proper railings in stairwells
  • Be warned about wet floors
  • Adequate lighting

If you or someone you love was injured on someone else’s property, we encourage you to contact us so we can determine if you have a premises liability claim.

Attractive Nuisance Doctrine in Tennessee

“Attractive nuisance” is a legal term used to describe the rights of trespassers when they are children[1]. A property owner can be subject to liability for physical injury or death of a child trespasser if:

  • They knew/should have known of a hazard on their property,
  • Knew/should have known children would trespass on the property because they would be lured by the dangerous condition,
  • The dangerous condition is not apparent to children,
  • The property owner failed to use reasonable care to eliminate the danger

In many cases, the “dangerous condition” is a swimming pool or playground equipment.

Elements of a Premises Liability Claim

While each premises liability claim differs from case to case, they each have the same baseline elements:

  • Visitor was not trespassing but allowed on the property
  • Defendant owned or was in control of the property at the time of the incident
  • The hazard on the property directly caused the visitor’s injury

Because these cases can be complex, we encourage you to retain an attorney as soon as possible after the accident. Reaves Law Firm can be your voice against the at-fault party.

Resource


[1] http://www.tn.gov/sos/acts/107/pub/pc0922.pdf

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