Negligence in a personal injury lawsuit can be proven by a variety of means. A witness may testify to observing negligent behavior, or the negligent actions may be documented in writing. Alternatively, there may be independent objective evidence of negligence, or, in rare instances, negligence may be inferred from the…
Typically, when a plaintiff alleges a claim of negligence in Tennessee courts, the plaintiff must prove all the necessary elements of a negligence claim, including duty, a breach of that duty, causation, and damages. Without establishing each of these elements, a negligence lawsuit cannot succeed. However, in certain circumstances, a…
Claims for negligence and premises liability can arise in many situations. A visitor may fall and break a bone while walking around a piece of property. A participant in a sports game may tweak a knee while playing. A passenger on an amusement park ride may fail to read all…
As the saying goes, hindsight is 20/20. Things that may not be obvious at first glance often become painfully clear after the fact. Such is the case for many of the dangerous conditions that present themselves in personal injury and premises liability cases. While a broken stair or a slick…
It is a basic premise of liability that landlords may be liable for known dangerous conditions that exist on their property and that harm tenants or guests. However, this liability is not unlimited, and landlords cannot be exposed to overly broad and endless requests for payments and reimbursements for injuries…
Premise liability is a common issue of concern for many property owners. By allowing tenants, guests, or customers onto one’s property, property owners inherently take on a degree of liability for injuries or accidents that may befall these third parties. However, the doctrine of premise liability must have limits –…
Gun control and gun rights are a hot topic of political debate in cities and communities throughout the country, and Tennessee is not immune to such controversy. In the wake of increasing gun violence and a rise in gun-related deaths, proponents on both sides dispute whether the route to improved public…
Individuals and companies that own land or buildings owe a duty to the public to exercise due care in order to prevent the general public from being injured on their property. This often means that property owners must address known dangerous conditions on their land or in their buildings, or must make…
Slip and fall accidents are one of the most common injuries suffered. You’re walking around, thinking about what you’ve got to do and, suddenly, you find yourself on the ground. Most times it’s just an embarrassing incident and you can simply get up and go about your business, but other times you find…
Falls can happen easily and unexpectedly doing simple tasks like walking or climbing up a ladder. Sometimes, however, they a slip and fall accident will affect a worker perched 100 feet above ground. This can be serious and deadly. The Bureau of Labor Statistics reports that more than a tenth…