Category Archives: Premises Liability
How Comparative Fault Affects Your Personal Injury Claim
Tennessee applies a comparative fault rule in personal injury cases. This means that if the plaintiff is “at least 50 percent” at fault for the underlying accident or injury, the defendant is not liable for any damages. Determining a plaintiff’s fault is therefore a key issue in many personal injury lawsuits. Cabin Owner May… Read More »
Can I Sue the City for Hazardous Conditions on Public Property?
When private property owners fail to correct a known dangerous or hazardous condition on their premises, they may be liable for any personal injury sustained by an innocent third party. A similar rule applies in Tennessee to property owned by state and local government agencies. While the government is normally immune from personal injury… Read More »
Tennessee Court Upholds $250,000 Judgment in Premises Liability Case
In a personal injury case, a victim’s damages are not necessarily limited to medical bills and other costs arising from the immediate physical injury. Damages may also be available for the long-term economic harm suffered by the victim, including any life changes arising from the original injury. Tennessee courts have long recognized the importance… Read More »
What Happens If a Volunteer Is Injured While Working on My House?
Many of us enjoy doing our own home repair and home improvement projects. Some of us go so far as to build our own homes. If you take this course of action, it is important to be aware of the potential legal risks you might incur if you hire other people to assist you… Read More »
When Is a Tennessee Business Liable for the Death of an Independent Contractor
Every Tennessee business owner owes a basic “duty of care” to individuals they invite onto their property. This includes not only customers but also independent contractors performed to work on the premises. But that does not automatically mean a business owner is liable for every personal injury that occurs on their property. Tennessee Court… Read More »
Who Is Responsible If My Child Is Assaulted at School?
Parents expect their children to be safe while attending school. And when their child suffers is injured due to the negligence of school officials, they rightly expect to hold the school accountable. Unfortunately, many school officials try to deny responsibility for student safety even when they know there may be a serious problem. District… Read More »
Exculpatory Agreements Often Protect Negligent Business Owners
Many business owners try to avoid liability for negligence and personal injury by demanding their customers sign exculpatory agreements. Such an agreement releases the business owner from any liability for injuries or damages sustained on its premises. While there are some cases where Tennessee courts will not enforce such exculpatory clauses, they are generally… Read More »
When Is a Property Owner Liable for Dangerous Conditions?
In any space that is open to the public, such as a retail store or restaurant, the owner has a legal duty to its customers (or “invitees”) to ensure the property is free of any dangerous conditions that it knows about or reasonably should have known about. For example, let’s say there is a… Read More »
How a Directed Verdict Can Affect Your Personal Injury Lawsuit
Judges are sometimes quick to dismiss a personal injury lawsuit that has merit. Even when a case proceeds to trial, a judge can still bypass the jury and order a “directed verdict.” A directed verdict is itself an extreme remedy which should only be employed when a judge, after hearing all of the evidence… Read More »
How Can Video Evidence Help in a Personal Injury Case?
In a personal injury lawsuit, any available piece of evidence may prove critical in proving a plaintiff’s case. Or at the very least, such evidence may prevent a lawsuit from being dismissed before it has a chance to reach a jury. That is why if it is critical to pay attention to every detail… Read More »
