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Defective Property Conditions
A defective condition on someone’s property can cause serious injury to unsuspecting visitors. Knoxville slip and fall attorney Mark C. Hartsoe represents individuals harmed by defective property conditions. Mr. Hartsoe has extensive experience in premises liability cases. He can provide the guidance and help you need to recover for your injuries. Contact us today to discuss how we can help if you have been injured on someone else’s property.
Injuries on Other People’s PropertyThousands of people are injured each year due to defective conditions on another person’s property. Slips, trips, and falls account for 8.9 million emergency room visits each year, according to the National Safety Council. In many cases, these and other injuries are the result of dangerous conditions on the property that could have been avoided if the property owner or possessor had taken measures to fix these defects.
Defective property conditions can include:
- Broken, loose, or unrepaired staircases
- Inadequate maintenance or security, specifically around items that require a heightened level of protection, such as a swimming pool
- Unstable shelves or fixtures in a store that result in falling merchandise
A property owner can take steps to reduce hazardous conditions on their property, but may simply choose not to, and/or fail to warn people of the defects. Even if the property owner believes the risk is obvious, it is their responsibility to take measures to prevent people from getting hurt on their property.
Liability for Injuries Sustained on Another Person’s PropertyIf a person is harmed while on someone else’s property, he or she may be able to hold the property owner liable for their injuries. In Tennessee, a property owner must exercise reasonable care to prevent injury to persons lawfully on their property. The owner must maintain the property in a reasonably safe condition, and remove or warn against any hidden dangers. These dangers include those that the owner is aware of, and those that he or she should reasonably know about as the possessor of the property. If the property owner neglected to exercise this duty of care, and a defect in the property caused the person’s injuries, the property owner may be held liable for those injuries.
A property owner will owe a different duty of care to a person on their property based on whether the person is there for business, as a guest, or as a trespasser. Property owners owe a higher duty of care to individuals on their property for business or pleasure, and must take steps to prevent injuries on their premises. A lower duty of care is owed to trespassers; however, there is an exception for children. A property owner has a duty of care to children, even if they are on the property without permission. If they frequently play in the area or are likely to be attracted to the property, the property owner must protect against potentially harmful conditions.
Compensation and RecoveryIf you were injured on someone else’s property, you may recover compensation for your injuries from the person or entity that controls the property. This is typically the owner or the person who leases the premises. Once it is established that a duty was owed to you, and that a defect in the property caused your injuries, you can potentially hold the person or entity liable for your injuries. You may be able to recover for damages such as medical bills, loss of income, and any long-term care for your injuries.
If a defect on another’s premises caused the death of your loved one, you may initiate a wrongful death suit in Tennessee. This may allow you to recover for your loved one’s medical expenses, burial and funeral costs, as well as pain and suffering, and other amounts.
Dedicated Personal Injury Attorney Ready to Help YouKnoxville personal injury lawyer Mark C. Hartsoe has decades of experience handling slip and fall as well as other premises liability cases. Mr. Hartsoe will gather the information necessary to build a case against the parties responsible for the defects on the property, and seek to hold them accountable for your injuries. He will work with you to fight for the maximum compensation for your injuries. Call us today at 865-804-1011 or contact us online to discuss your premises liability case.
