While in most situations it is preferable for Tennessee property owners to avoid dangerous conditions on their property altogether, in some cases it simply is not possible for owners to do so. They may need to make a repair, update construction, or start a project that necessarily leaves a dangerous…
Knowledge is a central component of any Tennessee negligence claim. In order for one party to be held liable for negligence toward a dangerous condition that leads to the injury of another, that party must have actual or constructive knowledge that the dangerous condition existed. This protects individuals from being…
Under Tennessee law, summary judgment is a ruling that is reserved only for those cases where there are no disputes of material fact, and no way for the plaintiff or defendant to succeed in light of the facts that have been presented. Because the standard is so high, summary judgment…
Sometimes when a plaintiff is injured as a result of another’s actions, or a dangerous condition, he or she will not know precisely which defendants may need to be sued. For example, a plaintiff may sue a business for a cracked sidewalk, but might not know whether the business owns…
Tennessee premises liability actions can arise under any circumstances in which a property owner fails to take care of dangerous conditions or does not warn guests of existing hazards. In the winter, however, these kinds of actions can become even more common as guests and customers attempt to navigate their…
When a plaintiff files a complaint in a lawsuit, he or she must take great care to include all relevant facts that help establish his or her case. While plaintiffs are not required to include every single little detail related to the case, they must include sufficient information so that…
In the day to day realities of life, we all have our moments when we trip while walking. We may be checking our phones, talking to someone else, or simply day dreaming the day away when we trip on a surface or object we didn’t see. If we’re lucky, we…
Plaintiffs who bring negligence and personal injury claims in court are often focused on gathering all of the evidence possible to show that the defendant is guilty of having caused harm. Often, in these cases, the actual injury suffered by the plaintiff becomes secondary. While proving an injury may seem…
In a premises liability case, a plaintiff must establish that the defendant had either actual or constructive knowledge of the dangerous condition that led to the accident. Actual knowledge occurs when the defendant observed the dangerous condition or created it. Constructive knowledge arises when the defendant should have known about…
Landlords owe a duty of reasonable care to their tenants. If a landlord knows that his or her property has a dangerous condition like a faulty railing or exposed electrical wire, there is a duty to correct such a known dangerous condition or face possible legal repercussions down the road.…