Premises Liability Lawsuit

When you get hurt on someone else’s property, you may have a premises liability claim. In layman’s terms, “premises liability” means that the owner, operator or manager of a property owes all residents and visitors a duty of care to keep them safe, and that failure to do so opens them up to being held responsible for your injuries.

For example: let’s say you were shopping in a home improvement store. You’re minding your own business, looking at some paint rollers, when a gallon-sized can of paint falls off the shelf and onto your head. A gallon of paint weighs about 11lbs, and the amount of energy it creates falling from even 5 feet up is enough to cause a serious traumatic brain injury. If the owner/manager’s actions or negligence are the reason why the paint can fell, and therefore the reason why you sustained an injury, you should be able to file a premises liability lawsuit to recover damages for your medical bills, lost wages, loss of enjoyment of life, and pain and suffering. Not all premises liability lawsuits are this simple, however, which is why you should speak with a Sevierville personal injury attorney about your chances and your options before moving forward.

Kinds of premises liability cases

Falling objects are the basis of a number of premises liability suits, but our lawyers often work with clients who were hurt because of:

  • A slip and fall accident
  • An elevator or escalator accident
  • An animal attack, like a dog bite
  • Negligent or inadequate security
  • Unsafe walkways and pathways
  • Failure by an owner/operator to warn of impending dangers (like the potential for a rockslide on certain highways)

One of the more important things to remember, though, is that just because you were hurt on someone else’s property, doesn’t automatically mean you can sue for damages. Over the years, we have gotten a lot of calls by people who were hurt while camping in the Smokies. But unless the actions or negligence of federal employees led directly to your injury, you may not have a case. For example: there are signs everywhere warning campers and visitors to beware of the wildlife. If you and your friends decide to chase a bear cub into a cave, you probably cannot hold the park accountable if you get mauled by its mama!  Also, several public parks are exempted from liability absent a finding of extreme negligence.

At the end of the day, our Sevierville personal injury lawyers have been practicing the law for a long time, and we know what it takes to build a successful premises liability lawsuit. If you’re not sure whether or not you’re entitled to compensation, contact us: we’ll be happy to talk to you about your next steps. We’ve successfully represented clients in Sevierville, Gatlinburg and Pigeon Forge, and we hope we can help you, too.