Property owners and managers have a responsibility to keep their property safe. When you see a “Wet Floor” sign at the supermarket, or signs posted around a construction site, or a notice in the bathroom of your favorite restaurant telling employees to wash their hands before resuming work – all of these signs are posted to ensure that everyone gets through their days safely.
Sometimes, however, property owners can be a little lax. They cut some corners, or don’t post warnings around dangerous areas. If a place is unsafe and you are hurt in an accident that is related to that lack of safety, you can file a premises liability claim for damages associated with your injuries.
Premises liability is a type of personal injury incident in which a person’s injury occurs due to defective, dangerous, and/or unsafe conditions on another person’s property, and in which the property owner is held responsible or liable for the injured person’s injury or injuries. There are a wide variety of premises liability incidents, such as:
- Slips and falls
- Accidents related to rain, snow, ice, sleet, and other weather conditions
- Improper property maintenance
- Insufficient security, which can result in someone getting injured, attacked, or robbed
- Elevator-related accidents
- Bites from cats, dogs, and other animals, as even the tamest and sweetest pets can snap unexpectedly and bite people
- Swimming pool incidents
- Amusement and theme park incidents
- Toxic chemical inhalation
Who is responsible for my injuries?
A premises liability claim can be filed against landlords, business managers, residents, building maintenance providers, store owners and/or managers, and the other people who all have some control over the properties where you were hurt.
This is why it is important that you collect as much information about what happened as you can. Take pictures or shoot video of the place you were hurt and of your injuries, and talk to people who witnessed the incident. (Don’t forget to ask for their names.) If the property owner wants to make an accident report, request a copy. If the owner won’t give you your own copy, take pictures of the report with your phone. If the police are called to the scene, give them the names of the witnesses you spoke to, and make sure to get a copy of their report, too.
What kinds of injuries do people get in premises liability accidents?
People who get injured in premises liability incidents suffer a wide variety of injuries. Sometimes, it’s a bruise or a laceration; sometimes, it’s a life-altering injury. After all, if a box of cereal falls off a top shelf and hits you in the face, the chances are good that you will not be permanently injured (though if you are cut, it’s possible that you could end up with a scare). If you are passing by a construction site and a drill falls off a piece of scaffolding and hits you on the head, you will probably have a much more serious injury. The same is true if you tip over a piece of loose carpet hand hit your head on a filing cabinet as you fall, or break your ankle slipping on ice. You can sustain:
- Traumatic brain injuries (TBIs) and concussions
- Back and neck injuries
- Muscle tears or strains
- Bone fractures and/or crushing injuries
- Major burns
- Illnesses associated with toxic inhalation
What types of damages can you collect in premises liability cases?
In a premises liability claim, you can seek economic damages and non-economic damages. Economic damages are things like your medical bills, or your lost wages (past and future). Non-economic damages are awarded for things like pain and suffering, or loss of companionship. In some cases, if the property owner was especially reckless, you might be awarded punitive damages, which aim to punish the owner and ensure that nothing like your incident will happen again.
People get injured due to a variety of causes and experience several different kinds of injuries. Fortunately, we can receive compensation related to our injuries. If you or a loved one were injured on someone else’s property, contact the Knoxville premises liability lawyers at Banks & Jones, or call 865-546-2141. We are very proud to represent clients in Knoxville and throughout Tennessee. Let us Fight 2 Win for you!
T. Scott knows the importance of interacting with colleagues to stay abreast of developments and changes in the legal world. T. Scott frequently teaches CLE courses on trial strategy, teaching other lawyers his methods for success in the courtroom, and is certified as a Rule 31 Mediator in the Tennessee Supreme Court. He is a member of the Knoxville Bar Association, the Tennessee Bar Association, the National Trial Lawyers, and both the Tennessee and American Associations for Justice.
Read more about T.Scott Jones