All property owners are required to maintain areas under their control in a safe manner in order to avoid posing unnecessary risks of harm to their patrons or guests. If a business fails to prevent, fix, or warn of dangerous hazards, it should be held accountable for any injuries that result. The Nashville premises liability lawyers at Martin Heller Potempa & Sheppard help victims who have been hurt on another party’s property due to that party’s failure to adequately maintain safe conditions. Our firm is dedicated to offering clients thorough and knowledgeable legal representation in all aspects of their claims.Holding a Property Owner Accountable for Inadequate Maintenance
When a property owner or occupier fails to look out for hazards or allows its property to fall into disrepair, visitors may be seriously injured. A variety of unsafe conditions may be evidence of an owner’s inadequate maintenance of the premises, including:
- Security lapses leading to theft or other crimes;
- Merchandise stored or displayed improperly, causing an injury when it falls;
- Unattended spills leading to a slip and fall accident;
- Store aisles blocked or hindered by objects;
- Uneven sidewalks or other walkways;
- Broken escalators or elevators; or
- Broken railings on stairways or ramps.
If a visitor is hurt due to another party’s failure to adequately maintain its premises, he or she may be able to recover damages by filing a personal injury claim against that party.
An owner’s duty to visitors may differ based on the type of property at issue. For instance, a business owes customers visiting its premises for a commercial purpose the highest degree of care. It is required to conduct regular inspections for unsafe conditions and correct any hazards of which it knows or reasonably would be expected to know. Social guests at an individual’s private residence are owed a slightly lesser degree of care. In either of these situations, however, an injured person must prove that the property owner, or someone acting on the property owner’s behalf, either caused the dangerous condition, knew about it, or should have known about it, but failed to take proper measures to remedy it through either repairs or warnings. A plaintiff may show the fault of the defendant by proving that a reasonable and prudent property owner would have known of the dangerous condition and done something to address it.
Once liability is established, damages available in these claims may include past and future medical expenses, loss of earning capacity and income, and pain and suffering. Timing is important in these cases to preserve your legal rights. Tennessee requires plaintiffs to file personal injury claims within one year of the date of the accident, or the court likely will find that the right to compensation is barred.Discuss Your Slip and Fall Accident with a Nashville Lawyer
Businesses and individuals that fail to provide safe environments for their visitors should be held liable for the injuries that they suffer. The Nashville slip and fall attorneys at Martin Heller Potempa & Sheppard can assist accident victims throughout Tennessee with pursuing the compensation to which they may be entitled. We also represent injured individuals in Franklin, Cool Springs, and Hillsboro Village, as well as other communities across Williamson and Davidson Counties. Call us at (615) 800-7096 or contact us online to schedule a free consultation.