Property owners’ job is to provide a “duty of care” to any individual who enters their grounds lawfully. If you were on someone else’s property recently but sustained serious injuries, contact an Oakville premises liability lawyer at your earliest convenience. It is important to discuss the case as soon as possible, as you might be able to claim various damages that compensate you for your injuries.
Working with an experienced premises liability lawyer in Oakville relieves much of the stress of legal claims because you have a professional to guide you through the process and ensure all documents are submitted correctly and on time.
Common Premises Liability Accidents in Oakville
There are many different injuries people can sustain when visiting someone’s property for any reason. The injuries depend on the terrain, weather conditions, and whether hazardous materials, liquids, or objects are present. Some of the most common property accidents include, but are not limited to:
- Dog bites
- Slip and fall accidents
- Insufficient lighting-related accidents
- Snow and ice accidents
- Fires and explosions
- Accidents relating to negligent security
- Broken railing and staircase-related accidents
- Uneven or broken ground-related accidents
- Building code violation-related accidents
- Swimming pool accidents
These and other property accidents can result in serious physical harm, if not fatal injuries. Should the accident have fatal consequences, the deceased individual’s family can file a wrongful death claim against the property owner.
For a free legal consultation with a premises liability lawyer serving Oakville, call (901) 526-2126
Defining a Lawful Visitor
For a premise liability lawyer in Oakville, TN, to move forward with a case, you must be a lawful visitor. Trespassers do not have the right to file a legal claim, no matter how many injuries they sustain, because they were on the grounds illegally. As a result, the property owner does not owe the trespasser a “duty of care.”
Lawful visitors to a property include guests, or invitees, such as friends, family members, and acquaintances. Service persons are also considered lawful visitors. Licensees are owed a duty of care even if the owner is unaware of their visit.
For example, say a member of the local gas company is reading the meters for various houses in the area. They did not alert property owners to their presence and slipped and fell on one property’s icy stairs. Head and back trauma resulted, causing the licensee to lose wages and spend money on medical bills. This licensee has the right to take legal action against the property owner.
Other lawful visitors include customers, or business invitees, who patronize businesses. The business owner must maintain safe premises and signage indicating unsafe areas, such as a spill on a grocery store floor. If they do not put up “Danger–Wet Floor” signs and someone slips and falls, the customer can take legal action with assistance from a premise liability attorney in Oakville.
To prove liability, the attorney must show that you were a licensee or invitee, that the property was hazardous, and that the hazard(s) directly resulted in your injuries. The owner, therefore, failed to provide a duty of care, making them liable and subject to damage claims.
Oakville Premises Liability Lawyer Near Me (901) 526-2126
Common Damages in Premise Liability Cases
Most individuals who make premise liability claims request economic and non-economic damages. Typical economic damages include emergency medical care, lost wages, physical therapy, prescription medication, and occupational therapy. Non-economic damages include pain and suffering, mental anguish, and emotional distress.
An Oakville premise liability attorney must refer to the state’s shared fault laws to win compensation. In Tennessee, the modified comparative negligence rule applies. This rule states that the amount of fault assigned to the plaintiff affects their requested compensation.
For example, a plaintiff is found 5% to blame for trip-and-fall injuries in a grocery store and requests $10,000 in damages. This individual receives $9,500. If the plaintiff is found 50% or more to blame for their injuries because they were running through the store and knocking over merchandise, they do not receive compensation.
Common Defenses in Premise Liability Cases
Defenses against premise liability claims can include “express assumption of risk,” meaning the plaintiff knew entering the grounds was hazardous and did it anyway. For example, if the plaintiff ignored the “Hazard” and “Live Wire” signs on a property and experienced electrocution-related injuries, they will likely be 50% or more to blame.
Other defenses include the “open and obvious” defense, meaning the property was clearly dangerous, and the plaintiff still entered the grounds. The property owner owes the plaintiff duty of care and should have fixed the hazard, but the plaintiff will probably be somewhat to blame. An example is a person seeing large patches of ice on the sidewalk outside the store.
They decided to walk over the ice, causing slip-and-fall-related head injuries. At the same time, the business owner must keep the sidewalk ice-free, which is the obvious nature of the ice accumulation factor.
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“Strict Liability” for Dog Bites
Canine attacks are common premise liability claims, but dog bite rules vary by state. In Tennessee, the canine’s owner is “strictly liable” for any injuries the dog inflicts on an invitee or licensee, even if the dog has no previous history of aggression and violence. According to Tenn. Code Ann. §44-8-413, it is the dog owner’s responsibility to keep the animal restrained, so it is not a danger to others.
Get Started on Your Case Today with an Oakville Premises Liability Lawyer
Contacting a premise liability lawyer in Oakville, TN, is the best thing you can do after receiving treatment for your injuries. The attorney can help you win the compensation that makes the coming days a bit easier, whether you are going through physical therapy, resting and taking prescribed medication, or trauma counseling.
If you need to speak with premise liability lawyers, contact Gatti, Keltner, Bienvenu & Montesi, PLC today. The experienced attorneys at this celebrated firm are backed by a 40-year history of excellence and work tirelessly on every case. Call our office, or submit our contact form to schedule a free initial consultation with an Oakville premises liability lawyer today.