Entering onto the property of another should not be a frightening endeavor, especially when one is invited onto the premises in question. Every day, Tennessee residents enter grocery stores, retail outlets, gas stations and even the yards and homes of neighbors and friends to conduct their daily business. Oftentimes, we give little, if any, thought about the safety of these premises, but the truth of the matter is that they can pose serious hazards that can leave an individual with serious injuries.
Fortunately, those who have been harmed while on the property of another may be able to recover compensation for their damages by pursuing a premises liability lawsuit. To succeed in one of these claims, though, certain legal elements must be proven. Boiled down, it must be shown that a property owner failed to live up to an applicable standard of care, and that failure caused the victim’s injuries.
Those who invite individuals onto their property, including businesses, are held to a reasonable standard of care. This means that property owners should take reasonable steps to identify and remedy dangerous property conditions. For example, store employees should routinely survey the property for spilled liquids and torn flooring, and homeowners should check for holes in their yards before inviting guests over. Individuals should then be warned of these hazardous conditions, and the defects should be quickly repaired to ensure safety. The foreseeability of an injury often becomes critical when considering the dangerousness of a property condition and the reasonableness with which the property owner discovered and addressed it.
The injuries that can be suffered in a slip-and-fall accident or other type of accident suffered on another’s property can be serious, leaving victims with significant pain and suffering, the need for extensive medical care and lost wages if they are forced to miss work. When these damages are preventable had the property owner exercised the appropriate level of care, such losses are unacceptable. That is why victims in these situations may want to determine if they are able to pursue a personal injury claim to seek accountability and compensation.