If you slip and fall on property owned by another person or entity, the property owner could be considered to be at fault for your injuries — and any medical bills, lost wages, and pain and suffering that result. You must be able to prove liability if you are to recover damages in a personal injury claim against that property owner.
For this to occur, at least one of the following conditions must be present:
- The property owner knew there was a dangerous condition on the premises and did nothing to correct the issue.
- The property owner should have known of the existence of the dangerous condition and should have taken appropriate steps to correct it and prevent injuries, according to the standards of a “reasonable person.”
- The property owner created and was directly responsible for the dangerous condition that ultimately caused the accident and injuries.
In most situations, determining whether or not the property owner was liable comes down to common sense. Insurance claims adjusters will consider whether the property owner took appropriate steps to keep their property safe, including whether there had been regular efforts made to keep the building clean, safe and up to code.
Other factors that might play a role into determining liability could include:
- Were you, as the victim, at all careless in your actions, or did you contribute to the accident in any way?
- Did the owner take appropriate efforts to remedy the situation before the lawsuit was filed?
- How long did the dangerous condition in question exist, and was there a proper amount of time for the owner to become aware of it and resolve it?
All of these questions are likely to be analyzed by the property owner’s insurance company — or by a judge or jury if you need to take legal action to recover the compensation you believe is owed to you.
For further guidance on what to do after a slip and fall accident in Tennessee, speak with an experienced Clarksville premises liability attorney at Bateman & Bateman, PC.