No matter your age or physical fitness, a sudden fall could cause you to sustain serious injuries that could lead to substantial financial and personal losses. On top of that, holding a property owner liable for an unsafe premises condition could be deceptively complex, particularly if you have little experience with personal injury law.
Guidance from a Memphis slip and fall lawyer could make the difference in your lawsuit or settlement demand. Beyond helping to establish who was at fault, a dedicated personal injury attorney could also ensure you are demanding the right amount of compensation for all losses you have suffered.
One complicated aspect of litigation like this is the way that state law governs property owner liability for injuries sustained by visitors to their land. Contrary to what some may believe, landowners are not automatically at fault for every accident that occurs on their property. Instead, their “duty of care” changes depending on why the injured person was on the owner’s property to begin with and how the incident in question actually occurred.
First and foremost, property owners owe no duty of care to trespassers who are on their land without permission. The only rule is that an owner cannot intentionally try to harm trespassers by attacking them or setting traps.
On the other hand, property owners owe “reasonable care” to lawful visitors. This means landowners must be aware of their property’s condition, warn lawful visitors of known hazards, and take timely measures to address those hazards.
A property owner might be liable if someone slipped and fell because of a puddle left unmarked and uncleaned in a store aisle for several hours. If a puddle that had only been present for a couple minutes beforehand, the manager would not be held responsible if someone slipped because of it. A trip and fall attorney in Memphis could provide more clarification about what circumstances might justify litigation and allow for comprehensive recovery.
It is important to take legal action quickly after a slipping and falling accident because the state only gives a short period of time for someone to file a claim after an incident like this. Under Tennessee Code §28-3-104, most personal injury claims—including those that stem from slipping and tripping accidents—have an effective filing deadline of just one year after the injury actually occurred.
Even if it is extremely obvious that a landowner is at fault for someone tripping and falling, the plaintiff will have no chance for recovery if they wait too long to file suit. Once retained, a slip and fall accident attorney in Memphis could play a crucial role in building a comprehensive and compelling case before this deadline expires.
Accidentally falling can result in debilitating injuries and losses. If you want to recover financially after such an incident, seeking help from a knowledgeable legal professional may be your only dependable means of doing so.
A Memphis slip and fall lawyer could discuss specific legal options and help you decide the next steps you should take in your case during a private initial meeting. Schedule yours by calling our office today.