Premises liability and responsibility

On Behalf of | Jan 5, 2022 | blog, Personal Injury |

Tennessee residents are owed a certain duty when visiting a property. If a person suffers an injury, they have the right to recover compensation. Property owners could be held liable in certain situations.

What is premises liability?

Premises liability is the responsibility that property owners have in ensuring that their property is safe. A safe environment can prevent potential personal injury. If an accident occurs due to unsafe conditions, the injured party may be entitled to sue.

Who can file a lawsuit?

While a person has the right to file a personal injury claim against a property owner while visiting that property, their status is important. Some individuals cannot file a claim.

If the person gets into an accident such as a slip and fall and suffers an injury as an invitee, they would have a valid claim. An invitee is a person invited to the property, such as a customer at a grocery store.

A licensee comes to the property for a specific purpose. For example, a professional associate of someone at an office building could visit to conduct business.

Guests are also people who have been invited to the property for a visit. For example, a resident of an apartment building might invite friends over to visit them.

A trespasser is a person who is not invited to the property and has no legal right to be there. This person could not file a personal injury claim if they suffer an injury while on it. For example, a person might trespass on a property with the intent of committing vandalism. The property owner doesn’t owe them any duty of care to prevent them from getting accidentally injured as they are not there for any legal purpose.

What situations can lead to premises liability?

There are many situations that can result in an injury claim against property owners. In addition to slip-and-fall accidents, dog bite injuries, pool accidents, amusement park injuries and even crimes committed against a guest to the property are common examples.

People with a legal purpose to be on a property have the right to remain safe while there. If injuries occur, the person might have a claim to file for damages.

Costner & Greene Attorneys at Law

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