"Slip and Fall" Accident Lawyer
You may have heard the term "slip and fall" or "fall down" used to describe an accident in which a person falls or is otherwise injured while on another person's property. One example of this is when someone slips on a grape in the grocery store. Attorneys refer to these cases as "premises liability" cases. This web page will provide a general outline of Tennessee law on this subject. State laws governing premises liability cases vary widely; if you were injured in a state other than Tennessee, please contact an attorney in your area for information about the law in your state. If you've suffered a severe slip and fall injury, e-mail us and we will help you find a lawyer in your state.
In a premises liability case, like a slip and fall accident, you must prove that you were injured on someone else's property as a result of negligence by the owner (or lessee) of that property. To do this, you must show that the property owner had actual or constructive notice of the condition which caused your injury. This notice requirement is satisfied if the owner knew, or in the exercise of due diligence, should have known about the problem which caused your injury. You must also prove that you were, in fact, injured as a result of the accident.
The value of an individual case will depend on several factors. Things that attorneys consider in determining case worth include, but are not limited to: medical bills, lost time from work, permanent disability or disfigurement, limitations on future employment, and pain and suffering. Your spouse may also have a claim for loss of consortium, i.e. loss of spousal services, affection, etc. If you were partially at fault in the accident, the value of your case (and that of your spouse) will be reduced by the percentage of the fault attributed to you. If you were more than 50% at fault, you cannot recover anything in Tennessee.
If you are injured on someone else's property, you should report your accident to the property owner as soon as possible. Write down the name, address and phone number of any witnesses. Keep copies of all of your medical bills (even those paid by insurance) and off-work slips. You may also want to keep a diary to record your thoughts about your medical treatment or the pain and inconvenience caused by your injuries. Doing these things will help maximize the value of your case.
Although you have one year (in Tennessee) from the date of your accident to file a lawsuit, you should consider hiring an accident lawyer much sooner if you are seriously injured. Once the property owner reports your accident to his or her insurance company, you will probably be dealing with an insurance adjuster. This person is paid to look out for the insurance company's best interests. Because of this, you may wish to hire an accident attorney who is ready and willing to protect your interests.
If you have had an accident on someone else's property and wish to discuss your case with us, please e-mail us, call us at 1.800.727.0622 or use the contact form on the right.