Whether you are on private or public property, you should be able to trust that you are safe from harm. Unfortunately, when property owners fail to maintain the safety and integrity of their promises, their negligence can cause debilitating injuries.
If you suffered critical injuries, you may have the right to compensation for your damages. Reach out to a dedicated Germantown personal injury lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC for a free consultation. Learn more about how the claims process works and how much your premises liability case could be worth today.
Premises Liability Injuries to Sue for in Germantown
The type of injury you are dealing with after a premises liability accident could have an impact on whether you have the right to pursue compensation for your damages.
However, it should be noted that there are no specific types of injuries that warrant legal action. Instead, the way in which your injuries have affected your life will determine whether you have met the ground necessary to pursue legal action for your premises liability damages. With that in mind, here are some of the more common types of injuries you may be able to sue for after a premises liability accident in Germantown:
Emotional trauma following a premises liability accident is not uncommon. No one ever expects to be involved in a catastrophic accident that causes them debilitating, painful, or life-altering injuries.
It is common for victims of premises liability accidents to suffer from post-traumatic stress disorder, which can leave them dealing with flashbacks, nightmares, extreme anxiety, chronic fatigue, and other symptoms. People dealing with emotional trauma may also turn to substance abuse or self-harming behaviors in order to cope.
Although emotional trauma is substantially impactful, physical injuries are also common in premises liability accidents. However, we are not only talking about fractured or broken bones. Premises liability accidents can take many forms, and so can the injuries people sustain.
Examples of physical injuries you might see in a premises liability accident include:
- Spinal cord injury
- Third-degree burns
- Traumatic brain injuries
- Penetrating brain injuries
- Internal bleeding
- Organ damage and failure
- Catastrophic injuries
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Causes of Germantown Premises Liabilities
Premises liability accidents are so devastating, in part because they can take so many forms. The type of premises liability accident you were involved in will help your premises lawyer in Germantown figure out who is responsible for causing your injuries and should be compelled to compensate you for your damages.
Examples of premises liability claims that you may be able to sue for include:
- Slip and fall accidents
- Dog bites
- Wet floor accidents
- Snow and ice accidents
- Broken stairs and walkways
- Construction site accidents
- Hotel accidents
- Parking lot accidents
- Swimming pool accidents
- Trampoline accidents
- Injuries caused by negligent security
- Injuries caused by improper maintenance
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Fault in Premises Liability Cases
Your premises liability attorney in Germantown, TN, will be responsible for approving who is at fault for your premises liability injuries. Fortunately, in many premises liability claims, the property owner where the accident occurred will be held accountable.
It is more common than you might think for property owners to fail their invited guests and patrons by failing to make necessary repairs, refusing to install or implement security measures, or otherwise attempting to cut corners and save costs.
Fortunately, your attorney will determine how the property owner failed you and could be compensated fairly. However, it should also be noted that there are other parties who could share fault for your damages, depending on the circumstances of your case. For example, although dog bites are a type of premises liability claim, if you were attacked by a dog on someone else’s property, instead of looking to the property owner for negligence first, we would look to the dog’s owner since Tennessee is generally a strict liability state for dog bites.
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When Can Property Owners Avoid Liability In a Premises Liability Claim?
There are multiple ways in which property owners may be able to avoid being found liable for a victim’s damages. The first is by carefully marking hazardous conditions on the premises as dangerous. For example, if construction work was being done on the property, and the property owner put up danger warnings that alerted the public and passersby to the hazards on the premises, they may be able to escape full liability for the victim’s damages.
This is commonly referred to as the open and obvious doctrine. Here, if hazardous conditions are the property would be considered open and obvious to another reasonable person, the property owner may be able to avoid financial liability. However, Tennessee follows a modified comparative negligence system with a 50% threshold.
Unless you are found more than 50% responsible for causing your injuries, if the property owner’s negligence contributed to your damages, you could still hold them accountable. If you are hoping to protect yourself from allegations of shared fault and want to ensure negligent property owners are held accountable to the fullest extent of the law, having a premises liability attorney in Germantown, TN, on your side could make all the difference in the outcome of your case.
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How Long Do You Have to File Your Germantown Premises Liability Lawsuit?
According to Tennessee law, premises liability and personal injury claims must be filed before the statute of limitations runs out. The law allows for a maximum of one year to pass after the accident before the statute of limitations runs out. Your claim must be filed before this deadline, or you will no longer have the right to have your case heard in civil court.
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Contact a Germantown Premises Liability Attorney for Help Today
Going up against a property owner or insurance company can seem intimidating. However, when you have an experienced legal advocate fighting for your rights, you can rest easier. Instead of worrying about the litigation process, you can recuperate from your injuries while we handle the legal details of your premises liability claim.
Get help from a respected Germantown premises liability lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC today. Our firm is proudly offering free consultations to victims of premises liabilities across Germantown and surrounding cities. Claim yours when you call our office or fill out our online contact form.