Experienced Sevierville Premises Liability Attorneys Keep Families Safe
Help when you or your loved one was injured on another person’s property in Sevierville, Pigeon Forge, and Gatlinburg or throughout Tennessee
When you are hurt on another person’s property, you should be able to collect a payment from that person’s insurance policy to help you take care of your medical bills and such. The basic idea is the same whether you slip and fall on your best friend’s slippery walkway, or if you are hit by a falling object in the local grocery store. However, when the insurer does not want to pay out, or the damage you sustain is far greater than what the insurer is offering, you may need to file a premises liability lawsuit in order to protect your rights and your future.
At Delius & McKenzie, PLLC, we have filed premises liability claims on behalf of the injured in Sevierville, Pigeon Forge and Gatlinburg for years. We know how to negotiate a better settlement, and we know when to take your case to court to help you obtain what you need to start your path to recovery. When you have been hurt and you don’t know where to turn, let our Sevierville premises liability lawyers offer you a guiding hand.
Common examples of premises liability
All “liability” means is that you are responsible for something. As a property owner, you are legally responsible for your home and your yard (your premises), just as business owners and operators are responsible for theirs. Failure to maintain your property could be deemed an act of negligence by a jury or judge if someone gets hurts on your premises, just as it could be deemed so if you were hurt at your local store or on a city block. Some of the more common premises liability claims come from:
- Slips, trips and falls on damaged or poorly maintained walkways, sidewalks, paths and roads
- Slips, trips and falls inside property, caused by uneven or set floors, by broken tiles or by wrinkled rugs
- Being hit by falling objects, including products for sale in a store, or by tools or construction machinery on a worksite
- Being attacked by an animal, including dog bites and cat scratches
- Being hit by a motorized work vehicle, like a forklift or a golf cart (or any vehicle designed to transport goods in a business)
- Hurting oneself in public areas with inadequate safety and security measures in place
- Becoming a victim of violence in areas with negligent security measures
- An owner or operator’s failure to warn of potential dangers, such as putting up a “wet floor” sign, or failing to indicate that a certain stretch of road experiences a lot of rock slides
- Suffering an injury caused by defective or malfunctioning elevators or escalators
If you bring a premises liability lawsuit against a property owner in Sevierville, Pigeon Forge or Gatlinburg, or anywhere in Tennessee, you have a statute of limitations of one year from the date that you sustained an injury (or should have reasonably known that you sustained any injury), so it is important that you make an appointment to see your doctor (even if you don’t believe you are hurt) as soon as possible after your accident. Making an appointment to speak with a Sevierville premises liability attorney as soon as possible is also a smart idea, because we can help you if the insurance company does not offer you a fair settlement, and you then have to go to trial.
You can sustain serious, life-altering injuries
Premises liability cases often involve victims who have sustained severe, if not permanent, injuries. Delius & McKenzie, PLLC has handled complex claims throughout Tennessee for victims who suffered:
- Traumatic brain injuries
- Back and spinal cord injuries, including paralysis
- Permanent vision or hearing loss
- Permanent scarring from lacerations
- Burn injuries
- Broken or fractured bones
- Organ or soft tissue damage
Premises liability and the Great Smoky Mountains National Park
Because of our close proximity to Pigeon Forge and the Park in general, we get a lot of calls regarding filing a claim against the Park itself. It is very, very difficult to make a claim for premises liability against the Park. Not only must you file the claim under the Federal Tort Claims Act, but if you make a mistake about when your injury actually took place, your claim could be barred forever. The statute of limitations for suing a government official or office is also different, so time is of the essence.
Furthermore, the National Park System assumes limited liability for your response towards nature, acknowledging (and asking you to do the same) that you eat, sleep, drive and explore at your own risk. Lodgings and food services (as well as shops and other areas) are all run by outside companies, not the NPS itself. This adds an extra burden of proof when it comes to holding the NPS at fault.
In summation, it can be very, very challenging to even make a case if you were hurt in the Great Smoky Mountains National Park – but it is not impossible, if your injury was the result of extreme negligence on behalf of the Park or its personnel. For example: if a roadway is washed out and the Park posts a sign that flooding may have occurred, and that certain roads may not be accessible, you may not be able to bring a claim. If the Park directs you to take a certain route, however, and that roadway ends in a 50 foot drop off a cliff, it could be considered extreme negligence. It depends on the circumstances.
Sevierville premises liability lawyers fighting for your future
When you have been hurt on someone else’s property as a result of another’s negligence, you may be entitled to compensation for your lost wages, your medical expenses and your pain and suffering. Delius & McKenzie, PLLC can help you plan a path to recovery. Please call 865-428-8780 or fill out our contact form to speak with a premises liability attorney serving clients in Sevierville, Pigeon Forge, and Gatlinburg and throughout Tennessee.