A slip, trip, or fall can cause serious injury, but winning a premises liability claim in Tennessee requires more than simply showing you were hurt on someone's property.
The Duty of Care
Tennessee property owners must use reasonable care to keep their premises safe for lawful visitors and to warn of hidden dangers they know about or should discover. The exact duty can vary with the visitor's status and the circumstances.
Notice Is the Key Issue
The central question in most slip and fall cases is notice: did the owner create the hazard, know about it, or should they have known about it and failed to fix it in a reasonable time? A puddle that just formed is treated differently from one that sat for hours. Evidence like surveillance video and maintenance logs is often decisive.
Comparative Fault Applies
Owners frequently argue the hazard was open and obvious or that you were not watching where you were going. Under Tennessee's modified comparative fault rule, your recovery is reduced by your share of fault and barred entirely at 50%, so these arguments matter.
Act Quickly to Preserve Evidence
Surveillance footage is often overwritten within days, and hazards get repaired. Prompt action to document the scene and demand preservation of video can make or break a premises claim.
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This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Tennessee attorney.