Slip & Fall Accident Lawyer in Nashville, Tennessee
Slip and fall accidents are the most common type of personal injury case in Nashville, Tennessee. They happen to hundreds of people every year. They can occur anywhere – at grocery stores, office buildings, restaurants, or even private homes. When they do happen and you get injured, the property owner may be liable if they were negligent in creating the hazardous condition.
Slip and fall accidents usually involve someone losing their footing or balance due to a condition on someone else’s property. Common hazards are wet floors, uneven surfaces, poor lighting, loose rugs or carpets, and unmarked obstacles. These minor-seeming issues can cause major injuries – sprains and fractures to head injuries and more severe conditions that require extensive medical treatment and recovery time.
The consequences of a slip and fall accident can be devastating, especially if the injuries are severe. Victims may have mounting medical bills, lost income, and prolonged pain and suffering. In these cases, understanding the legal framework for slip and fall claims in Nashville is key to getting justice and the compensation to cover those costs.
Personal Injury Slip & Fall Accident Laws in Nashville, Tennessee
The laws for slip and fall accidents in Tennessee are complicated, with specific laws and regulations that govern premises liability cases. These laws are designed to make property owners keep safe environments for visitors and be held accountable when they don’t.
Duty of Care in Slip & Fall Cases
Tennessee law requires property owners and occupiers to keep their premises safe. This means regularly inspecting the property for hazards, addressing any hazardous conditions promptly, and warning visitors of known risks.
Property Owners’ Responsibilities
Property owners must take proactive steps to identify and mitigate hazards that could cause slip and fall accidents. This means making sure floors are dry and clear of obstacles, repairing cracks or uneven surfaces, and having adequate lighting in areas where visitors will be walking.
Premises Liability
Slip and fall accidents are premises liability cases, which hold property owners responsible for injuries caused by conditions on their property. The level of liability depends on the status of the injured party on the property – whether they were an invitee, licensee, or trespasser.
- Invitee: An invitee is someone who is on the property with the owner’s permission for a business purpose – a customer in a store. Property owners owe the highest duty of care to invitees and must take reasonable steps to keep them safe.
- Licensee: A licensee is someone who is on the property for their own purpose with the owner’s permission – a social guest. Property owners must warn licensees of any known dangers that may not be obvious.
- Trespasser: A trespasser is someone who enters the property without permission. Property owners owe a limited duty of care to trespassers – to not willfully cause harm.
Negligence and Liability
To win a slip and fall case, the injured party must prove the property owner was negligent. This means showing the owner knew or should have known about the hazardous condition and did nothing to fix it.
Proving Negligence
Proving negligence means showing the property owner was aware of the dangerous condition but did nothing to correct it. This can be shown through:
- Maintenance Records: Records showing the property was not regularly inspected or maintained can be key to proving negligence.
- Witness Testimony: Statements from witnesses who saw the hazardous condition or the accident can support the claim.
- Surveillance Footage: Video footage of the property before and after the accident can prove negligence.
Comparative Fault in Tennessee
Tennessee is a modified comparative fault state, which means if the injured party is found to be partially responsible for the accident, their compensation will be reduced by their percentage of fault. For example, if a court finds the injured party was 20% at fault for not paying attention to warning signs, their compensation will be reduced by 20%.
Bar to Recovery: If the injured party is found 50% or more at fault for the accident, they may be barred from recovering. So, it’s important to evaluate the circumstances of the accident and gather all the evidence you can to minimize any fault assigned to you.
Time is of the Essence
In Tennessee, the statute of limitations for a personal injury case, including a slip and fall, is one year from the date of the accident. So you must act quickly to protect your rights and file within the time allowed.
Consequences of Delay: Failing to file within the statute of limitations can mean you lose your right to recover regardless of the merits of the case. Early consultation with an attorney will ensure all deadlines are met and your case is prepared.
Slip & Fall Claims Process
The process for a slip and fall claim in Nashville involves several steps – gathering evidence, negotiating with insurance companies, and potentially litigation. Knowing this process will help you get the best result.
Filing a Claim and Getting Justice
After a slip and fall, the injured party or their attorney will file a claim with the property owner’s insurance company. The claim will include evidence of the hazardous condition, the injuries, and the expenses resulting from the accident.
Evidence
- Photographs: Photos of the accident scene, including the hazardous condition that caused the fall, are key. Take them as soon as possible after the accident.
- Medical Records: Detailed medical records of the injuries, treatment, and prognosis are crucial to prove damages.
- Witness Statements: Statements from witnesses who saw the accident or can speak to the condition of the property can help your case.
Report the Incident
You should report the slip and fall to the property owner or manager as soon as possible after the accident. Ask for an incident report so you can document the details of the accident and the property owner’s response.
Incident Report: The incident report should include the time, date, and location of the accident, a description of the hazardous condition, and any action taken by the property owner or manager in response to the incident.
Settlement Discussions
After the claim is filed, the insurance company will make an offer to settle the case. Settlement discussions involve evaluating the offer and determining if it’s enough to compensate the injured party for their medical expenses, lost wages, pain and suffering, and other damages.
Legal Representation: Having an attorney negotiate for you will ensure the offer is fair and covers all your damages. Attorneys can also advise you on whether to accept the offer or pursue further action.
Litigation
If a fair settlement can’t be reached, the case may go to litigation. This involves filing a lawsuit, discovery (the exchange of evidence between parties), and potentially a trial.
Trial Preparation: Preparation for trial involves gathering all the evidence, getting expert testimony, and developing your argument. An experienced attorney will guide you through the process and advocate for you.
Slip & Fall Accident Stats in Nashville, Tennessee (2023)
Slip and fall accidents are a big public safety problem in Nashville, as shown by the stats in 2023. According to the Nashville Metro Police Department, there were 300 slip and fall accidents in the city. 150 injuries and 10 fatalities resulted from these accidents. These numbers show how serious slip and fall accidents can be.
Slip & Fall Causes
Weather Conditions
Rain or snow can create hazardous conditions that increase the risk of slip and fall accidents. Property owners must take extra precautions during bad weather by clearing snow and ice from walkways and putting up warning signs near wet floors.
Public Spaces Not Maintained
Many slip and fall accidents occur in public spaces like sidewalks, parking lots, and parks where maintenance is lacking. Cracked or uneven pavement, poorly maintained stairs, and broken handrails are common hazards that can cause accidents.
No Signage
In some cases, slip and fall accidents occur because property owners don’t provide enough signage to warn visitors of potential hazards. For example, a freshly mopped floor with no caution sign can cause someone to slip.
Commercial Properties
Commercial properties like grocery stores, malls, and office buildings are common places for slip and fall accidents. In these settings, if a spill, leak, or other hazard is not addressed promptly, customers or employees can get seriously injured.
Personal Injury Case: Grocery Store Slip & Fall Settlement
One of the biggest slip and fall cases in Nashville was in 2015 where a customer slipped on a wet floor in a local grocery store. The accident caused a broken hip and other injuries that required extensive medical treatment and rehab.
Case Details and Legal Issues
The injured party sued the grocery store, claiming the store’s management knew about the spill and didn’t clean it up promptly. The lawsuit alleged the store’s failure to maintain a safe premises caused the injuries.
Settlement
The case settled for $2.5 million, which covered the injured party’s medical bills, lost wages, pain and suffering, and ongoing rehab costs. The settlement also included punitive damages for the store’s failure to address a known hazard.
Impact and Legal Ramifications
This case shows property owners are legally responsible for their premises. It also shows big money can be recovered in slip and fall cases where negligence is clear.
Contact Keller Swan for Your Slip & Fall Case?
Keller Swan is a Nashville law firm that handles personal injury cases, including slip and fall accidents. Our team of experienced lawyers will provide you with top-notch legal representation and get you the best possible outcome.
Results and Client Success
Keller Swan has a record of big settlements and verdicts in slip and fall cases. We are committed to excellence and client satisfaction, so we get you what you need and expect.
Legal Representation
Our lawyers have years of experience handling slip and fall cases in Nashville and Tennessee. We know premises liability laws and will fight for you and get you fair compensation.
Personalized Attention
We put our clients first and provide caring support throughout the process. We listen to your concerns, review your case, and develop a plan to get you the best outcome.
Services
From the initial consultation to the end of your case, Keller Swan will provide you with full-service legal representation. Whether negotiating with insurance companies or in court, we will protect your rights and get you the compensation you deserve.
Slip & Fall Accidents in Nashville
Slip and fall accidents can happen due to many hazards, most of which can be prevented if property owners would just maintain their properties and pay attention. Some of the common causes are:
Wet or Slippery Floors
Spills, leaks, or freshly mopped floors without warning signs are common causes of slip and fall accidents. Property owners must ensure floors are dry and safe to walk on and put up warning signs when floors are wet.
Uneven Surfaces
Cracked sidewalks, loose floorboards, and uneven pavement are tripping hazards for pedestrians. These must be fixed to prevent accidents.
Poor Lighting
Inadequate lighting in stairwells, parking lots, or walkways can hide hazards and increase the risk of slip and fall accidents. Lighting is key to visitor safety.
Poorly Maintained Facilities
Neglecting to maintain handrails, stairs, elevators, and other facilities can cause slip and fall accidents. Regular inspections and timely repairs will prevent these incidents.
No Warning Signs
Not posting warnings about slippery surfaces, construction zones, or other hazards will prevent people from taking precautions. Clear and visible signage is key to reducing accidents.
What to Do After a Slip & Fall Accident
If you or a loved one has been in a slip and fall accident, do:
Get Medical Help
Get medical treatment for your injuries immediately. Document your injuries and treatment, as this will be important for your case.
Report the Accident
Tell the property owner or manager of the accident and ask for an incident report. Document the accident scene, including any hazards or lack of warning signs.
Save Evidence
Take pictures of the accident scene, including the hazard that caused the fall. Get contact information from witnesses who can give statements about the accident.
Call a Lawyer
Contact Keller Swan slip and fall accident lawyer to talk about your case and your options. Our lawyers will guide you on how to file a claim, negotiate with insurance companies, or litigate to get damages for your injuries and losses.
Conclusion: Get Expert Help for Slip & Fall Accidents
Slip and fall accidents in Nashville, Tennessee are complex and difficult for victims. Knowing the laws, common causes, and what to do after an accident is key to protecting your rights and getting the compensation you deserve. If you’ve been in a slip and fall accident, get expert help.
Keller Swan represents slip and fall accident victims. We will provide individualized legal help from case evaluation to settlement negotiations and, if needed, court representation. Call us today for a free consultation and get started.
