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Articles Posted in Premises Liability

Knoxville Court Refuses to Exclude Physician’s Expert Testimony in Premises Liability Case: Starnes v. Wal-Mart Stores East, LP
Mark Hartsoe

In Starnes v. Wal-Mart Stores East, LP, a woman alleged in federal court that she sustained personal injuries when a large bottle of shampoo fell on her head while shopping at a Tennessee department store. According to the woman, the bottle fell because an employee knocked it over while restocking merchandise located on the same…

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Knoxville Court Examines Tennessee’s Recreational Defense to Premises Liability: Solomon v. United States
Mark Hartsoe

The Eastern District of Tennessee, Knoxville Division has dismissed a woman’s personal injury lawsuit that was filed against the United States government. In Solomon v. United States, a woman and her family visited the Great Smoky Mountains National Park in order to go hiking. While walking down a hill, the woman apparently stepped in a…

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Tennessee Federal Court Discusses Elements of Premises Liability Claim: Griffin v. Wal-Mart Stores East. LP
Mark Hartsoe

The Eastern District of Tennessee has refused to amend a verdict that was rendered against a plaintiff in a slip-and-fall case. In Griffin v. Wal-Mart Stores East. LP, a 76-year-old woman was allegedly injured when she fell inside a department store located in Eastern Tennessee. Following her injury, the woman filed a premises liability lawsuit…

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Modified Comparative Fault is Question for Jury in Knoxville Appellate Case: Wilson v. TMBC
Mark Hartsoe

The Knoxville, Tennessee Court of Appeals has stated that the facts of a disputed premises liability case should be considered by a jury. In Wilson v. TMBC, LLC, a man returned his fishing boat to the company he purchased it from for repairs. Following the repair, he purportedly climbed onto his boat at the request…

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Knoxville Court Finds Property Owners Owed No Duty to Injured Woman in Premises Liability Case
Mark Hartsoe

The Court of Appeals of Tennessee at Knoxville has affirmed a summary judgment verdict issued in favor of two property owners in a premises liability lawsuit. In Smith v. Stanley, a woman sued the owners of a cabin after she purportedly suffered injuries when she fell down a set of stairs. According to the complaint,…

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Knoxville Court Reverses Premises Liability Dismissal Because Inadequate Lighting Could Be Actual Or Constructive Notice — Christian v. Ayers
Mark Hartsoe

In a recent Knoxville, Tennessee case, the appellate court reversed a trial court’s summary judgment dismissing a premises liability case. The court based its decision upon the possibility of a property owner’s actual or constructive notice of poor lighting. Summary judgment is a procedural device that a party involved in a case may use to…

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Knoxville Appellate Court Looks at Tennessee’s Recreational Defense to Premises Liability — Wilson v. Dossett
Mark Hartsoe

Daylight savings has once again crept up on Knoxville and Maryville residents. Warmer weather is just around the corner, and before we know it, we will be pulling out and dusting off our summer gear. With the increase of outdoor activities comes the potential of suffering injuries from recreational activities. These recreational activities can include…

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Slip and Fall Cases Under Tennessee’s Governmental Tort Liability Act — Traylor v. Shelby County Board of Education
Mark Hartsoe

In Tennessee slip and fall cases, knowing the various laws that apply can be crucial to winning a premises liability case. Knoxville and Maryville property owners owe a duty of care to protect lawful entrants on their property from unreasonable risk of harm. However, the type of owner – businesses , private , or government…

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Duty of Care for Slip and Fall Injuries after Maryville’s Biggest Snow Storm Since ’93 — Barbaglia v. Nonconnah Holdings, LLC.
Mark Hartsoe

We have survived the snow. According to the Maryville Daily Times, last week’s snow dump was the largest in over twenty years. With snow comes an increased risk of sustaining an injury from a slip and fall. If you have been injured due to the negligence of another, it is recommended that you speak with…

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