How to Win an Injury Case Against a Big Retail Store

Tennessee has many different big retail stores operating in the state.  Stores like Target, Costco, Walmart, BJs Wholesale Club, and Sam’s Club all compete to offer customers many different products.  While competing for customers may be a good thing, these same customers are injured in retail stores all the time.  Customers may slip or trip due to a dangerous condition, or an employee’s negligent actions may cause injury to a customer.

Retail stores like Target owe their customers a duty to maintain the premises in a safe condition.  But, just because a customer is injured on their property does not mean the retail business is automatically responsible.  These kinds of injuries are part of an area of law referred to as premises liability.

Tennessee premises liability law explained

When you are injured at a Tennessee retail store like Walmart, you have to win on Tennessee’s premises liability legal requirements:  The legal elements your must prove are:

•  The retailer owed you a duty of care
•  The retailer breached that duty
•  The retailer’s actions or inactions caused you injury
•  You suffered legal damages as a result  

The retail store owes you a duty of care

While businesses like Costco are not insurers of their patrons’ safety, they are required to use due care under all circumstances. Smith v. Inman Realty Co., 846 S.W.2d 819, 822 (Tenn.App.1992).

“In cases involving premises liability, the premises owner has a duty to exercise reasonable care under the circumstances to prevent injury to persons lawfully on the premises. Eaton v. McLain, 891 S.W.2d 587, 593-94 (Tenn.1994). This duty is based upon the assumption that the owner has superior knowledge of any perilous condition that may exist on the property. See, e.g., Kendall Oil Co. v. Payne, 41 Tenn.App. 201, 293 S.W.2d 40, 42 (1955). The duty includes the obligation of the owner to maintain the premises in a reasonably safe condition, and to remove or warn against latent or hidden dangerous conditions of which the owner is aware or should be aware through the exercise of reasonable diligence.  Eaton, 891 S.W.2d at 593-94.

The retailer breached their duty of care

In order to win on this element against a big retail store like Sam’s Club, a dangerous condition or defective condition must either be (1) caused or created by the owner, operator, or his agent, or (2) if the condition was created by someone other than the owner, operator, or his agent, that the owner had actual or constructive notice that the condition existed prior to the accident.  Blair v. West Town Mall, 130 S.W.3d 761, 764 (Tenn. 2004).  “Actual notice” is defined as “knowledge of facts and circumstances sufficiently pertinent in character to enable reasonably cautious and prudent persons to investigate and ascertain as to the ultimate facts.”  Kirby v. Macon Cnty., 892 S.W.2d 403, 409 (Tenn. 1994).

“Constructive notice” is defined as “‘information or knowledge of a fact imputed by law to a person (although he may not actually have it) because he could have discovered the fact by proper diligence, and his situation was such as to cast upon him the duty of inquiring into it.’” Hawks v. City of Westmoreland, 960 S.W.2d 10, 15 (Tenn. 1997)(quoting Kirby, 892 S.W.2d at 409).  In cases involving premises liability, “the premises owner has a duty to exercise reasonable care under all circumstances to prevent injury to persons lawfully on the premises.” Dobson v. State, 23 S.W.3d 324, 330 (Tenn. Ct. App. 1999) (citing Eaton v.McLain, 891 S.W.2d 587, 593-94 (Tenn. 1994))

The retail store caused your injuries and the harm was foreseeable

The harm caused by a retail store, like BJs Wholesale Club, must also be foreseeable.  The risk of harm is considered foreseeable when “a reasonable person could foresee the probability of its occurrence or if the person was on notice that the likelihood of danger to the party to whom is owed a duty is probable. Downs ex rel. Downs v. Bush, 263 S.W.3d 812, 820 (Tenn. 2008) (citations omitted).

You suffered damages as a result of the store’s negligence

The last element is a simple one.  A plaintiff in a Tennessee premises liability case must prove a legally recognized harm.  Most of the time, this is physical injury to a person or property damage.  A plaintiff could prove all three prior elements of negligence, but if they do not have actual damages there is no basis for a monetary recovery.  Damages incurred in indoor trampoline accident cases may include medical expenses for their injuries, time off work, and pain and suffering.

At Weir and Kestner, our premise liability attorneys are here to help you get the compensation you deserve. Contact us online or call our office directly at 615.220.4180 to speak to one of our experienced attorneys today!

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