Property owners in Tennessee owe a duty to make their property safe to anyone who has a right to be on their property. The property liability laws apply to commercial businesses, nonprofits, organizations, and homeowners.
Generally, if a property owner is aware of a dangerous condition or has reason to be aware of unsafe conditions, the owner has a duty to fix the problem or warn customers and visitors of the danger.
Many premises liability cases are brought because someone fell on the property of another. Owners who fail to repair broken tiles, fix loose railings, or clean off ice and snow should be held accountable for any injuries they cause
Some of the many types of non-slip and fall accident claims against property owners
Property owners should also be held liable for injuries or death if they fail to protect anyone rightfully on their property if one of the following occurs:
- Negligent security. Property owners should take steps to prevent customers and others from assaults, muggings, and physical attacks. In places that are known to be dangerous, extra precautions should be taken. Safety precautions include good lighting, locked entries, video cameras, security guards, and other safety measures.
- Falling objects. If merchandise falls, the property owner should be held liable for not properly securing it. If tools or equipment fall from a construction site, pedestrians who are injured should have the right to hold the construction company responsible.
- Dog bites. Property owners are strictly liable for any injuries caused when a dog they own bites someone while at large. There are some exceptions, but the basic rule is that it is not necessary to prove negligence or that dog owner knew the dog had a propensity to bite and was not properly restrained. Dog bites can cause diseases and infections, loss of vision, cuts, bruises, and other injuries.
- Negligent hiring. Nursing homes, retail stores, service organizations, and other enterprises can be held accountable if they fail to run background checks on their employees and the employee then abuses or strikes a patient or customer. Employers/property owners are usually liable for any negligent acts of an employee that occurred during the scope of their employment.
- Swimming pool accidents. Apartment complexes, motels, hotels, homeowners, and any entity that owns a pool has a duty to take precautions against drowning or swimming pool accidents. Safety steps include fencing, hiring a lifeguard during hours of operation, providing warnings, and maintaining and repairing the pool area.
- Toxic leaks and exposure. Property owners should regularly check for toxins and dangerous chemicals and should immediately remedy any known risks of exposure to visitors to their land.
- Fires. Property owners can be held liable for deaths, burn injuries, smoke inhalation, and other harms if they failed to comply with federal, state, and local fire safety laws. They can also be held responsible if they failed to take standard precautions. Properties should be checked for faulty wiring, gas leaks, and other fire hazards.
- Elevator and escalator accidents. These moving devices should be properly installed and regularly inspected. They should be placed out of service with warnings to passersby if there is reason to believe they are defective or inoperable.
Other premises liability claims can be brought for construction accidents, amusement park accidents, failure to prevent or repair flooded areas, and for allowing defective tools or equipment to be used.
Every type of property liability case is unique to the victim. The Sevierville premises liability attorneys at Delius & McKenzie, PLLC work with each client to understand how the accident has changed their life. We fight to hold all responsible owners and maintenance staffs responsible for preventable harm.
Delay can hurt your case in property liability cases because evidence can quickly be lost or removed. For help now, please call us at (865) 428-8780 or complete our contact form. We represent personal injury victims who reside in Sevierville, Seymour, Gatlinburg, Pigeon Forge, and the surrounding areas. We also represent out-of-town clients. All property liability cases are handled on a contingency fee basis.