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Articles Posted in Premises Liability

Federal Case for Negligence and Violation of OSHA Regulations Transferred from Ohio to Tennessee
Mark Hartsoe

When someone is hurt by the negligence of a corporation, the injured person may have multiple options as to where to file his or her claim. Generally speaking, most such claims are filed in a state court in the county in which the accident occurred. However, in some cases, the plaintiff may prefer that his…

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Tennessee Court of Appeals Reverses Trial Court’s Assignment of 25% Fault in Slip and Fall Case to Teacher Who Fell in School Hallway
Mark Hartsoe

A Knoxville or Maryville slip and fall accident can cause serious, debilitating injuries. Medical expenses can be considerable, and the plaintiff’s inability to work while he or she recovers can put a family into a financial hardship from which recovery is difficult. If someone else’s negligence caused the fall, the plaintiff should consider speaking to…

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Trial Court Erred in Granting Summary Judgment in Premises Liability Case Involving Extension Cord, Says Tennessee Court of Appeals
Mark Hartsoe

An east Tennessee premises liability case can arise from many different types of dangerous conditions – a slippery floor, a broken staircase, etc. In such cases, the plaintiff has the burden of proving liability. This means that the plaintiff must provide evidence that shows that the defendant either knew of, or should have known of,…

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Summary Judgment for Homeowners in Caterer’s Slip and Fall Lawsuit Was Wrong, Says Tennessee Appeals Court
Mark Hartsoe

When someone is hurt on another person’s property, the injured person may file a lawsuit seeking monetary compensation for lost wages, medical expenses, pain and suffering, and other damages. The burden of proof is always on the plaintiff in an east Tennessee slip and fall case, however, and being successful at trial can be a…

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Tennessee Court of Appeals Reverses Dismissal of Premises Liability Case with Unusually Complicated Procedural History
Mark Hartsoe

Ideally, an east Tennessee personal injury lawsuit would proceed as follows: the plaintiff files the complaint, the defendant files an answer, the case is tried, a judgment is entered, and the case is over. Unfortunately, things do not always work out that way. A case recently considered by the Tennessee Court of Appeals definitely did…

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Tennessee Court of Appeals Reversed Trial Court’s Dismissal of Premises Liability Claim Against Defendants Who Had Previously Been Non-Suited
Mark Hartsoe

When someone falls in a store or in another place of business, there may be multiple parties who could potentially be named as defendants – corporations, subsidiaries, parent companies, holding companies, land management companies… the list goes on and on. When an east Tennessee premises liability lawsuit is filed against multiple defendants, some of those…

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School Bus Driver’s Slip and Fall Lawsuit Against City/County Government Survives Summary Judgment, Per Tennessee Court of Appeals
Mark Hartsoe

Serious injuries can result from a fall on another party’s property – broken bones, sprains, strains, disc herniations, and other, sometimes permanently disabling medical problems can all occur when premises are not maintained in a reasonably safe condition. In an east Tennessee premises liability lawsuit, a person injured on another party’s property may seek compensation…

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Federal District Court Denies Summary Judgment to Tennessee Sporting Goods Store After Customer Falls in Parking Lot
Mark Hartsoe

Not every lawsuit is concluded by a jury’s verdict in favor of one party or another. While many cases are settled through an agreement between the parties, some are resolved via a legal proceeding known as a “motion for summary judgment.” When a defendant files such a motion in a negligence case, including an East…

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Federal District Court Denies Summary Judgment in Tennessee Woman’s Premises Liability Case Against Retail Store
Mark Hartsoe

While Tennessee premises liability law imposes a general duty of care on landowners, including those who own retail stores, restaurants, and the like, proving fault in a particular case can sometimes be a difficult endeavor. This is because slip and fall, trip and fall, and fall-down lawsuits tend to be extremely fact-specific. Two customers who…

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Tennessee Court of Appeals Refuses to Enforce Pre-Injury Release Signed by Parent in Suit Brought by Child
Mark Hartsoe

If you have kids, you may have noticed a disturbing trend among businesses and organizations that cater to young people; birthday party venues, sports team organizers, and even some churches are requiring a signed release before a child is allowed to participate in recreational activities and other “kid-friendly” events. The reason, of course, is to…

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