Slip & Fall Accidents in Memphis, Tennessee

Slip & Fall Accidents in Memphis, Tennessee: Legal Insights, Statistics, and Major Cases

Slip and fall accidents are the most common type of personal injury in Memphis, TN. They can happen anywhere – grocery stores and parking lots, office buildings and private homes. Injuries from slip and fall accidents can range from minor cuts and bruises to broken bones, traumatic brain injuries and long term disabilities. Property owners have a duty to keep their property safe and when they don’t, they can be held liable. This article will go over the laws for slip and fall accidents in Memphis, TN, 2023 stats and a big personal injury case to give you a deeper look at how these types of claims are handled.

Slip & Fall Laws for Personal Injury in Memphis, TN

Slip and fall accidents fall under premises liability law which holds property owners responsible for keeping their property safe. Tennessee law requires property owners to keep their property safe for visitors and to warn of potential dangers. The legal framework for these cases is proving negligence and liability as outlined below.

Legal Framework: Duty of Care and Premises Liability

In Memphis, TN, the basis of any slip and fall claim is the duty of care owed by property owners. This duty requires property owners, landlords or tenants to keep their property in a reasonably safe condition. Under Tennessee law, a property owner’s duty of care varies depending on the status of the visitor:

Invitees: These are people on the property for the owner’s benefit, like customers in a store. Property owners owe the highest duty of care to invitees which includes inspecting the property for hazards, fixing known dangers and warning of any risks.
Licensees: These are people on the property for their own benefit, like social guests. Property owners must warn licensees of any known hazards but are not required to inspect the property for dangers that are not obvious.
Trespassers: Property owners owe the lowest duty of care to trespassers but must not cause them intentional harm.

To win a slip and fall case the injured party must prove the following elements of negligence:

1. Duty of Care

The injured party must first show the property owner owed them a duty of care. This is usually easy if the injured person was an invitee or licensee on the property. The property owner is required to keep their property safe for these individuals.

2. Breach of Duty

The injured party must show the property owner breached their duty by not keeping the property safe. Common breaches of duty include leaving wet floors, uneven surfaces or broken stairs unattended or not installing proper lighting in hazardous areas.

3. Causation

Then the injured party must show the hazardous condition caused the accident and their resulting injuries. This can be proven through witness testimony, video surveillance footage or photographs of the hazardous condition at the time of the fall.

4. Damages

Finally the injured party must show they were actually harmed as a result of the slip and fall. This can include physical injuries, medical bills, lost wages and non-economic damages like pain and suffering.

Types of Hazards That Cause Slip & Fall Accidents

In slip and fall cases the hazardous condition on the property is usually the heart of the claim. Below are some common types of hazards that cause accidents:

Wet or Slippery Surfaces: Spills, leaks or recently mopped floors that aren’t marked with warning signs are common causes of slip and fall accidents.
Uneven or Damaged Flooring: Cracked tiles, loose carpets or uneven sidewalks can cause someone to trip and fall especially if the hazard is not visible.
Obstructed Walkways: Objects or debris in aisles, hallways or other walkways can cause tripping hazards leading to accidents.
Poor Lighting: Dimly lit areas make it hard to see potential hazards and increase the chances of an accident.
Snow and Ice: In colder months property owners must clear snow and ice from walkways and entryways to prevent accidents.

The Slip & Fall Claim Process

The process for filing a slip and fall claim in Memphis typically goes like this:

Get Medical Attention: The injured party should get medical attention as soon as possible after the slip and fall accident, not only for their health but to document the injuries.
Report the Incident: It’s important to report the slip and fall to the property owner or manager as soon as possible. An official incident report can be key evidence in a claim.
Gather Evidence: Photographs of the hazardous condition, witness statements, video footage and medical records are important for building a case.
Contact a Personal Injury Attorney: An experienced personal injury attorney can guide the victim through the process, gather more evidence and determine the best course of action to get compensation.
File the Claim: The injured party must file a personal injury claim within one year of the accident, according to Tennessee’s statute of limitations. Claims can be filed against the property owner or their insurance company.
Settlement Negotiations: Many slip and fall cases are settled. The property owner or their insurance company may offer compensation for medical bills, lost wages and other damages.
Litigation: If a fair settlement can’t be reached the case may go to court. In court the injured party’s attorney will present evidence to prove the property owner was negligent.

Slip & Fall Statistics in Memphis, Tennessee (2023)

Slip and fall accidents are still a leading cause of personal injury in Memphis with medical bills, lost wages and long term recovery for victims. A look at 2023 data will give you a better idea of the frequency and impact of these accidents in different settings including residential properties, commercial properties and public spaces.

Incidents

In 2023 there were approximately 250 slip and fall accidents in Memphis in various settings such as grocery stores, shopping malls, office buildings, residential complexes and public sidewalks. This is a slight increase from previous years due to urbanization and population growth in the city.

Breakdown of Incidents by Cause

Slip and fall accidents are caused by specific hazards. Here’s the breakdown of the causes of the reported incidents in Memphis:

Wet or Slippery Floors: 40% of all slip and fall accidents in Memphis were caused by wet or slippery floors. This is common in supermarkets, restaurants and public restrooms where spills or mopping happens without proper warning signs.
Uneven or Damaged Surfaces: 30% of the incidents were caused by uneven or damaged surfaces. This includes cracked sidewalks, potholes, uneven tiles and other structural hazards. These accidents were more common in older buildings and public areas that lacked maintenance.
Obstructed Walkways: 20% of the incidents involved objects or debris obstructing walkways. These were common in retail settings where merchandise or carts block aisles and in workplaces with poor inventory management.
Poor Lighting: 10% of the slip and fall accidents were caused by poor lighting. Dimly lit parking lots, stairwells and hallways make it hard for people to see potential hazards and fall.

Common Injuries from Slip and Fall Accidents

The injuries from slip and fall accidents in Memphis can range from minor bruises to severe and life altering conditions. Here are the most common injuries reported in 2023:

Fractures and Broken Bones: 40% of the victims suffered fractures or broken bones with wrist, ankle and hip fractures being the most common. Elderly are more prone to bone fractures after a fall.
Sprains and Strains: 30% of the injuries were sprains or strains, mostly in the ankles and wrists, which occur when victims try to break their fall.
Head Injuries: 20% of the cases involved head injuries, concussions and traumatic brain injuries (TBI). Head injuries can have long term effects including cognitive impairment and psychological trauma.
Soft Tissue Injuries: 10% of the victims suffered soft tissue injuries, bruises, cuts and ligament damage. While considered minor, soft tissue injuries can cause long term discomfort and require physical therapy.

Financial Impact to Victims

Slip and fall accidents in Memphis resulted in financial losses for victims in 2023. The most common costs were:

Medical Expenses: Hospital visits, surgeries, physical therapy and ongoing treatment for serious injuries can cost tens of thousands of dollars. Many victims had prolonged recovery periods which added to the medical costs.
Lost Wages: Victims missed work due to their injuries, resulting to lost wages. In severe cases, victims were unable to go back to their previous jobs and suffered long term financial problems.
Pain and Suffering: Beyond the financial impact, victims experienced pain and suffering which required non-economic damages.

Recent Personal Injury Case

Slip and fall accidents can be devastating to victims as shown by a recent case in Memphis.

Case: Johnson v. Midtown Mall

Synopsis: Linda Johnson slipped and fell in a puddle of water at Midtown Mall in Memphis. The water was from a leaking roof and the mall management failed to put up warning signs or barriers around the hazard. Johnson slipped and fell, broke her ankle and sustained other injuries that required surgery and physical therapy.

Result: Investigation showed that the mall management knew about the roof leak but did not take any action or warn the visitors. Johnson’s lawyers argued that the mall’s negligence caused her fall and injuries. After a long litigation, Johnson was awarded $2.2 million which covered her medical expenses, lost wages, pain and suffering and ongoing medical care. The case also prompted the mall management to improve their hazard management procedures to prevent future accidents.

Takeaway: This case shows that property owners and managers must address known hazards promptly. The big settlement also shows the financial consequences to property owners who fail to provide a safe environment for visitors. Victims of slip and fall accidents in similar situation should seek legal help to hold the negligent parties accountable and get compensation for their injuries.

Slip & Fall Lawyer

Filing a slip and fall claim can be complicated as it involves proving liability, gathering evidence and negotiating with insurance companies. Having a personal injury lawyer can make a big difference in the outcome.

Case Review and Investigation

A slip and fall lawyer will conduct a thorough investigation of the accident including:

Reviewing Surveillance Footage: If the accident happened in a commercial property with security cameras, footage of the fall may be the key evidence of the hazard.
Interviewing Witnesses: Witnesses can provide valuable testimony about the hazard or the property owner’s failure to address the issue.
Consulting with Experts: In some cases, expert testimony is needed to establish the property owner’s duty of care, the hazard’s foreseeability and the extent of the victim’s injuries.

Settlement and Litigation

Many slip and fall cases are settled with the property owner or their insurance company. During this process, a lawyer will negotiate on behalf of the victim to get a settlement that covers:

Medical Expenses: All past, current and future medical bills related to the injury.
Lost Wages: Time missed from work due to the accident and lost earning capacity in severe cases.
Pain and Suffering: Compensation for the emotional and physical pain.

If a settlement cannot be reached, the lawyer will prepare for trial and represent the client in court where evidence will be presented to prove the property owner’s negligence.

Ongoing Support for Victims

Throughout the process, personal injury lawyers provide ongoing support to victims to help them manage the emotional and financial impact of their injuries. This support is key to getting fair compensation and to protect their rights.

Summary

Slip and fall accidents in Memphis, Tennessee are a common personal injury claim, victims suffer from extensive medical treatment, lost wages and emotional distress. By understanding the law, reviewing the statistics and looking at recent cases, victims can take action to get justice and compensation.

If you are a victim of a slip and fall accident, legal help is crucial to get fair compensation. Keller Swan provides legal support and guidance to help you navigate your claim to get what you deserve.