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Tag Archives: Property Owner Liability

Liability5

Is a Property Owner Liable for a Shooting That Occurs on a Public Street?

By Fox Willis Burnette, PLLC |

Personal injury claims in Tennessee are based on a defendant’s “duty of care” to the plaintiff. In plain English, this means a person (or a corporate entity) must act reasonably to avoid injuring other people. But legally speaking, the burden of proof is on the victim to show this duty existed–and that the defendant… Read More »

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SportsVenue

When Is a Tennessee Stadium or Arena Liable for Patron Injuries?

By Brad Burnette |

Every year millions of people attend concerts and sporting events throughout Tennessee. As with any business open to the public, the operators of stadiums and arenas have a duty to keep their premises in reasonably safe condition–even with thousands of people trampling through the area in a short period of time. So if a… Read More »

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AutoDoor

Is a Property Owner Liable for a Malfunctioning Automatic Door?

By John Willis |

In personal injury claims brought against property owners, a plaintiff must prove the existence of a “dangerous or defective condition” that caused their injury. The condition itself must have been caused or created by the property owner, or the owner must have had actual or constructive notice of the condition. In this context, “constructive”… Read More »

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SlipFall

How Do I Prove a Slip-and-Fall Injury?

By John Willis |

One of the most common types of personal injury claims is the “slip-and-fall” accident. These are actually known as premises liability claims. The basic idea is that a property owner can be held liable under Tennessee law if they fail to repair a known dangerous condition on the premises. For example, if the manager… Read More »

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How Comparative Fault Affects Your Personal Injury Claim

By Brad Burnette |

Tennessee applies a comparative fault rule in personal injury cases. This means that if the plaintiff is “at least 50 percent” at fault for the underlying accident or injury, the defendant is not liable for any damages. Determining a plaintiff’s fault is therefore a key issue in many personal injury lawsuits. Cabin Owner May… Read More »

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Can I Sue the City for Hazardous Conditions on Public Property?

By Brad Burnette |

When private property owners fail to correct a known dangerous or hazardous condition on their premises, they may be liable for any personal injury sustained by an innocent third party. A similar rule applies in Tennessee to property owned by state and local government agencies. While the government is normally immune from personal injury… Read More »

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What Happens If a Volunteer Is Injured While Working on My House?

By Brad Burnette |

Many of us enjoy doing our own home repair and home improvement projects. Some of us go so far as to build our own homes. If you take this course of action, it is important to be aware of the potential legal risks you might incur if you hire other people to assist you… Read More »

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When Is a Tennessee Business Liable for the Death of an Independent Contractor

By John Willis |

Every Tennessee business owner owes a basic “duty of care” to individuals they invite onto their property. This includes not only customers but also independent contractors performed to work on the premises. But that does not automatically mean a business owner is liable for every personal injury that occurs on their property. Tennessee Court… Read More »

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Who Is Responsible If My Child Is Assaulted at School?

By John Willis |

Parents expect their children to be safe while attending school. And when their child suffers is injured due to the negligence of school officials, they rightly expect to hold the school accountable. Unfortunately, many school officials try to deny responsibility for student safety even when they know there may be a serious problem. District… Read More »

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Exculpatory Agreements Often Protect Negligent Business Owners

By John Willis |

Many business owners try to avoid liability for negligence and personal injury by demanding their customers sign exculpatory agreements. Such an agreement releases the business owner from any liability for injuries or damages sustained on its premises. While there are some cases where Tennessee courts will not enforce such exculpatory clauses, they are generally… Read More »

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