When can you sue for inadequate maintenance?

Inadequate maintenance isn’t just a minor oversight—it can have serious consequences, leading to severe accidents and injuries. Whether you’re dealing with a vehicle that wasn’t in roadworthy condition, a property riddled with hazards, or equipment that failed at a critical moment, the results can be devastating. If you’ve been harmed due to such negligence, it’s essential to understand when and how you can pursue compensation.

At Weir & Kestner Injury Lawyers, we’re committed to guiding you through the complexities of Tennessee law, helping you understand your rights, and outlining the steps to take legal action. Keep reading for more from our Nashville premises liability attorney, then call (615) 220-4180 to schedule a free consultation.

Understanding the basis for suing over inadequate maintenance

At the core of lawsuits for inadequate maintenance is the concept of negligence. To sue, you must prove that the party responsible for maintenance failed in their duty of care. This means they were responsible for maintaining equipment or property, knew of the need for maintenance, or should have reasonably known and neglected this duty. It’s not enough to show that maintenance was inadequate; you must also prove that this negligence directly caused your injury. This link between negligent maintenance and your injury is crucial for a successful claim.

Common scenarios where inadequate maintenance claims arise

Vehicle maintenance

In Tennessee, vehicle maintenance is a critical legal responsibility, particularly for commercial vehicles such as trucks and buses. The failure to maintain crucial components like brakes, engines, and safety systems can lead to catastrophic accidents.

If a truck’s brake system fails on a busy highway because it was not properly serviced, legal liability can fall on both the operator and the company responsible for the vehicle’s upkeep. Tennessee law requires these parties to ensure that all vehicles are safe and roadworthy to prevent such accidents.

Property maintenance

Property owners, from residential landlords to commercial property managers, must ensure their buildings and grounds are safe for occupants and visitors. This duty includes conducting regular inspections and promptly addressing any issues.

Common hazards that can lead to accidents include slippery floors, poorly lit stairwells, uneven surfaces, and structural weaknesses that could lead to collapses. When injuries result from such conditions, the property owner can be sued for failing to uphold their duty of care.

Workplace machinery and equipment maintenance

Proper maintenance of machinery and equipment is not just a safety issue in the workplace, particularly within industrial and manufacturing settings—it’s a legal requirement. Employers must follow strict maintenance schedules to ensure all machinery operates safely.

If a piece of equipment malfunctions due to poor maintenance and causes injury to employees, the employer can be held liable. This includes injuries from routine use and during maintenance or cleaning operations.

Legal considerations in Tennessee

Tennessee’s premises liability laws and vehicle maintenance standards regulate the responsibilities of property and vehicle owners and outline the rights of injured parties. You generally have one year from the date of the injury to file a lawsuit for personal injuries due to negligence, including inadequate maintenance.

How Weir & Kestner Injury Lawyers can help

We thoroughly review your case to determine if inadequate maintenance affected your accident. We work with maintenance experts, engineers, and accident reconstruction specialists to build a strong case proving negligence. Our team is skilled in negotiating with insurance companies and defendants to secure fair compensation. If necessary, we are prepared to take your case to trial to fight for the damages you deserve. We understand Tennessee’s complex liability and negligence laws and will navigate these on your behalf to ensure the best possible outcome for your case.

Suspect inadequate maintenance is to blame for your injury? We can help.

Contact Weir & Kestner Injury Lawyers for a free consultation to discuss your situation. Our experienced team is committed to advocating for your rights and helping you receive the compensation you need to recover from your injuries.