Unfortunately, home and business owners do not always take the best care of their properties. Lawfully, anyone who enters their properties is owed a “duty of care” and safe, secure premises. If you were recently injured on someone’s property, contact a Marion personal injury lawyer as soon as you are able.
Attorneys with experience in this type of personal injury case are here to provide individuals who have suffered serious injuries on unsafe, neglected properties. By working with the right premises liability lawyer in Marion, you could win the compensation that helps you pay for the medical expenses your injuries have incurred.
Who Is Owed a Duty of Care in a Premise Liability Suit
Three types of people are owed a duty of care when they enter a property. They include invitees, licensees, and business invitees.
Guests include friends, extended family members, coworkers, and acquaintances. If a homeowner invites anyone onto their property, they are expected to provide them with safe premises that prevent serious and potentially life-threatening injuries.
Servicepeople such as HVAC contractors, plumbers, electricians, remodelers, and roofers are owed a duty of care when they are asked to fix or remodel parts of a home. Licensees also include individuals who are not requested to work but are legally on the grounds. Such licensees include mail carriers, gas company meter readers, and door-to-door salespeople.
These individuals enter restaurants, grocery stores, boutiques, retail stores, spas, and other commercial buildings expecting safe premises.
Trespassers, or those who enter a property unlawfully, are not owed a duty of care. If these people sustain injuries, they are not entitled to compensation.
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Injuries and Damages Common in Premise Liability Cases
There are a wide variety of injuries a person can sustain because of hazardous grounds. Some of the most common injuries include:
- Head trauma
- Traumatic brain injuries
- Back injuries
- Cuts and lacerations
- Burn injuries
- Exposure to toxic gas or chemicals
- Shoulder and neck injuries
- Broken bones
- Muscle, tendon, and ligament tears
- Spinal cord injuries, including paralysis
- Puncture wounds
A premise liability attorney in Marion, TN, can typically request various economic and non-economic damages on behalf of their injured client.
Economic vs Non-Economic Damages
Economic damages cover costs relating to the accident, including medical expenses, physical therapy, prescription medication, lost wages, and a reduced earning capacity. Non-economic damages focus on the mental and emotional ramifications of the incident and typically include pain and suffering, mental anguish, and emotional distress.
If an individual dies because of their injuries on an unsafe property, either on-site, at home, or at a local hospital, their family can file a wrongful death suit. Economic damage requests in such suits can include emergency medical care, funeral and burial costs, and loss of income. Non-economic damages include pain and suffering, loss of companionship, mental anguish, emotional distress, and loss of life enjoyment.
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Establishing Fault in a Premises Liability Case
To determine blame in any personal injury case, the court looks to both the plaintiff and the defendant. Tennessee uses modified comparative negligence rules to establish fault.
For example, say an HVAC serviceperson was asked to repair a faulty air conditioner on the outside of the home. During their work, they noticed a hanging tree branch and pulled on it. The branch then fell onto the contractor, causing head and shoulder injuries.
Because the branch was already compromised and likely to fall, the property owner did not provide a duty of care. However, because the contractor pulled on the branch, they are deemed 40% to blame for their injuries. If they requested $15,000 in damages, they would receive $9,000 in light of their blame percentage.
However, if the branch was not compromised in any way, the contractor will likely be found 50% or more to blame for their injuries. The modified comparative negligence rule states they are not entitled to damages. To receive compensation, a plaintiff must be less than 50% to blame.
How an Attorney Can Help Prove Liability
To show that the plaintiff was not to blame for their injuries, the premise liability attorney must indicate that the property owner owed the individual duty of care and that the injuries were directly connected to a lack of care. For example, suppose a mail carrier sustains dog bite injuries from an aggressive canine that resulted in a serious infection. In that case, the lawyer must show that the licensee did not provoke the animal and was attacked because the canine was not on a leash or fenced in.
Home security footage is typically helpful in this regard. According to Tennessee’s dog bite rules, the property owner owes the mail carrier compensation even if the canine has no history of aggressive behavior. The “one bite rule” subsequently does not apply, and the owner is at fault for not securing the dog properly.
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Why Working with a Premise Liability Lawyer in Marion, TN is Best
Premise liability attorneys have the experience and knowledge to draft detailed legal claims citing their clients’ injuries and repercussions. They take care of all claim-related tasks, such as investigating the case, preparing all documents correctly, and filing them within the state’s injury statute of limitations.
Tennessee allows plaintiffs one year starting from the date of the accident to file claims. The courts dismiss any claim filed after this period. Working with a Marion premises liability attorney allows the injured party to stress less and subsequently focus on recovery.
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Contact a Marion Premises Liability Lawyer About Your Case Today
If you suffered grievous injuries because of unsafe premises, take legal action now. The legal professionals at Gatti, Keltner, Bienvenu & Montesi, PLC, are here to help you navigate your claim and do not take fees unless you win. This renowned law firm in Memphis offers over 40 years of industry experience and has helped over 35,000 clients win compensation.
Do not hesitate to speak with a lawyer if you did not receive the duty of care you deserved. Call our office, or submit our contact form today to schedule a free initial consultation.