Memphis Slip & Fall Accident Attorney

According to Tennessee Code section 28-3-104, injured individuals have the right to take civil action against an at-fault party as long as they do so within one year from the date of injury[1]. If you or a loved one was injured in a slip and fall accident, you may be able to take action against the property owner if the injury took place no more than one year ago.

In slip and fall lawsuits, the property owner is the defendant and the injured party is the plaintiff. Property owners are responsible for maintaining a reasonably safe premises for those allowed to be on their property. Some common defendants in slip and fall cases include:

  • Restaurants
  • Retail stores
  • Municipalities

As with any premises liability case, slip and fall cases typically have three common denominators:

  • Visitor was injured on a property
  • Defendant was the owner of the property at the time
  • A dangerous condition on the property contributed to the visitor’s injuries

Do I have a case?

It is difficult to determine whether you have a case until you contact a lawyer directly. If you were injured on someone else’s property, you might have a case. There are some exceptions, including:

  • If you were trespassing at the time
  • If you were adequately warned of the hazard
  • If you voluntarily assumed the risks inherent to the activity you were participating in at the time of your injury

Slip & Falls with Preexisting Injuries

Preexisting injuries or conditions can be used as a defense in torts. This means that the opposition could attempt to claim that you already had an injury before the incident. They would attempt to dismiss or minimize the value of your claim by arguing that the incident did not injure you or did little but aggravate your existing condition.

What To Do Next

We encourage you to speak with an attorney at Reaves Law Firm directly to learn more about whether you have a slip and fall case. We have recovered more than $1 million in verdicts and settlements for our clients, and have the experience you need to recover what you deserve.

Resource


[1] http://law.justia.com/codes/tennessee/2010/title-28/chapter-3/part-1/28-3-104

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