Injured on someone else's property? Property owners who ignore dangerous conditions can be held accountable. $2.85 million recovered for a client injured on unsafe commercial property.
Quick Answer
Tennessee property owners can be liable when a dangerous condition they knew about, or should have known about, seriously injures a lawful visitor. Claims generally must be filed within one year under Tenn. Code Ann. § 28-3-104. Wells & Associates recovered a $2.85 million settlement for a client seriously injured on unsafe commercial property. Call 901-808-0000 for a free consultation. Past results do not guarantee future outcomes.
Premises liability is the area of Tennessee law that holds property owners responsible for injuries caused by dangerous conditions they created or failed to fix: a broken stairway at an apartment complex, an unmarked wet floor at a retail store, a collapsing structure at a commercial site, an unlit parking lot where crime was foreseeable.
Wells & Associates, PLLC represents injured visitors, tenants, and customers across Memphis and Shelby County. The firm recently obtained a $2.85 million settlement for a client seriously injured on unsafe commercial property. These cases are won with evidence: incident reports, inspection and maintenance records, surveillance video, and prior complaints that show the owner knew about the hazard.
Serious falls and structural injuries in this area are treated at Regional One Health, the Memphis region's Level I trauma center, and the resulting bills land on the injured person unless the owner's insurer is made to pay. Premises cases in Memphis are filed in the Shelby County Circuit Court or, for smaller claims, General Sessions Court, where the firm has litigated since 2002.
What a property owner owes you depends on why you were there. Tennessee owners owe lawful visitors reasonable care, which includes fixing hazards they know about or should discover through reasonable inspection, or at least warning about them. Proving what the owner knew, and when, is usually the heart of the case.
Retail stores, restaurants, warehouses, and offices that ignore hazards: wet floors, broken flooring, falling merchandise, and defective stairs or railings. The firm's $2.85 million premises settlement arose from serious injuries on unsafe commercial property.
Memphis renters are hurt every year by conditions their landlords were told about and never fixed: broken steps, failed railings, inadequate lighting, and, in negligent security cases, foreseeable violent crime the owner did nothing to prevent.
Potholes, ice, missing handrails, and unlit walkways cause falls that break hips, wrists, and vertebrae. Owners and property managers share responsibility when routine inspection would have caught the hazard.
Premises liability claims are personal injury claims, so Tennessee's one-year statute of limitations under Tenn. Code Ann. § 28-3-104 applies. Surveillance video is often overwritten within days or weeks, so the practical deadline for preserving evidence is far shorter than the legal one.
Owners almost always argue the hazard was open and obvious or that the victim was not watching where they were going. Under Tennessee's modified comparative fault rule, you can still recover if you were less than 50 percent at fault, with the award reduced by your share. Building the record that the owner's negligence predominates is our job.
The owner is liable for hazards it created, knew about, or should have discovered through reasonable inspection. Maintenance logs, prior incident reports, and employee testimony establish that notice. We move fast to obtain them before they disappear.
Premises Liability
Settlement for a client seriously injured on unsafe commercial property.
Past results do not guarantee future outcomes. Each case is unique.
We take premises liability cases on contingency. You pay nothing upfront and nothing at all if we do not win. We advance all costs and fees, so you can focus on recovery while we handle the legal fight.
Get Your Free Case Review →Premises liability is the legal responsibility a property owner or occupier has for injuries caused by dangerous conditions on the property. In Tennessee, owners owe lawful visitors reasonable care: they must fix hazards they know about or should discover through reasonable inspection, or warn visitors about them.
One year from the date of injury, under Tenn. Code Ann. § 28-3-104. Evidence in premises cases disappears even faster: many businesses overwrite surveillance video within days. Contact an attorney as soon as possible so preservation letters can go out immediately.
You can still recover under Tennessee's modified comparative fault rule as long as you were less than 50 percent at fault, with your award reduced by your percentage. Property owners routinely blame the victim, so photographs of the hazard and witness statements taken early carry real weight.
In some circumstances, yes. When a landlord knows about foreseeable criminal activity on the property and fails to take reasonable steps such as working locks, lighting, or gates, an injured tenant or guest may have a premises liability claim. These cases are fact-specific, so have the details reviewed by an attorney.
Nothing upfront. Wells & Associates handles premises liability cases on contingency: the firm advances all costs and you owe no attorney fee unless we recover for you. Consultations are free at 901-808-0000.
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