Tennessee Premises Liability and Your Rights

Perhaps you or someone you know has been injured in an accident occurring away from your Tennessee home. You feel as if the owner of the property was negligent and caused your injury, but you are not sure. If you are correct, then you may have the legal right to bring suit. The laws governing this right are referred to as "premises liability."

What Is Premises Liability?

Basically, premises liability refers to the liability a landowner has for certain "torts," or damages, caused by many different conditions. The one thing all these conditions have in common is the fact that they are hazardous. Here are some common hazardous conditions that could lead to a premises liability lawsuit:

• Open excavations
• Uneven or damaged pavement
• Poor lighting
• Poor security
• Defective seating, such as chairs and benches
• Icy walking surfaces
• Standing water and/or wet walking surfaces
• Falling objects

The list can go on and on. But when you are injured by one of these conditions, and the injury could have been prevented by maintenance, premises liability law comes into play.

How Premises Liability Cases Are Born

Most of us spend much time outside our homes in the course of a normal day. And, of course, we are often on someone else's property. The law must decide why we are on that property in order to decide if someone was negligent when we are injured. There are four basic reasons for being on property other than your own. These four designations are:

• Invitee: A person who is invited onto someone else's property. For instance, if you enter a store to shop and slip on a wet, unmarked floor, then your legal status is invitee.
• Social Guest: This designation is pretty much what it seems. You are visiting a location with the direct permission of the owner. However, it is important to note that a social guest can be an invitee or a licensee.
• Licensee: A licensee is a person who is on the property by authority of law or by consent. An example would be a firefighter called to put out a fire.
• Trespasser: A trespasser enters a property without any right to do so. Surprisingly, the property owner can sometimes still be held liable if he or she knew that a trespass might occur and that a dangerous condition existed.

In order to successfully pursue a legal claim against a property owner, the injured party must prove that:

• The defendant is the legal owner of the property.
• The plaintiff is either an invitee or licensee to the property (except in rare instances in which a trespasser has brought suit).
• There was negligence that directly contributed to the injury.

When all these pieces are in place, a premises liability lawsuit is born.