There are several key parts to any premises liability case. You must prove the owner of the property had a duty to protect you, and failed to make their property safe. Generally, owners have a duty of care to customers, visitors, and people who have permission on the property. In most cases, there is no duty owed to a trespasser.

You also need to show that the unsafe condition caused your injury and not another issue. For example, if you slip and fall, you need to show a broken tile, a wet floor, or that some property defect caused your fall. You can’t file a claim if you fell because, for example, your shoelaces were untied.

In a successful premises liability case, you may be eligible for compensation for your injuries. Typical premises liability damages include pain and suffering, medical bills to treat your injuries, and any income or wages you lose if you are unable to work.

Who is the responsible property owner?

In many property accident cases, we find that a business leases the property from the owner. For example, most retail stores at a shopping mall or a strip of retail stores are owned by a landlord. The landlord then leases the stores to businesses to sell their products or services.

As a practical matter, there is usually a contract between the landlord (lessor) and the tenant (lessee) that governs who is responsible for any property injury claims and who is responsible for buying property injury insurance.

As another practical matter, experienced Knoxville premises liability attorneys can file claims against the lessor and lessee and work to prove that both entities are responsible for your injuries

Normally, the occupant (lessee) has the primary responsibility for any slips and falls or other accidents that happen on the property. This is because the lessee is in the best position to make inspections, call for repairs, and warn customers. Part of the liability issue will depend on who, the lessee or the lessor, is in possession and control of the area where you fell. The lessee is likely in control of the store. The lessor is likely responsible for common areas such as the walkways, stairways, escalators, elevators, sidewalks, and parking lots.

Other factors that may help determine who is liable include:

• Any local building code requirements
• Whether any repairs were done by a third party
• Whether the lessor had knowledge of any property defects

Slips and falls on someone’s property can cause brain trauma, spinal cord damage, broken bones, and muscle injuries.

At Banks and Jones, our seasoned premises liability attorneys work to hold all accountable parties liable for your injuries. If you were injured while shopping, seeking professional help, eating at a restaurant, or while on someone’s property (other than your own), our premises liability lawyers have the experience and resources to help you get justice. Call our Knoxville lawyers at call 865-546-2141 or contact us or to make an appointment. We handle personal injury cases on a contingency fee basis.