Filing a Premises Liability Claim After Being Injured By Inadequate or Negligent Security
Property owners in Tennessee have a legal obligation to keep their premises safe from unreasonable hazards. When landlords and local companies fail to implement and maintain adequate security precautions, they could be held accountable for the costs of any resulting accidents. Here’s what our Volunteer State personal injury attorneys want you to know about your rights.
Negligent Security in Tennessee
Under certain, limited circumstances, a landlord could be considered negligent if they fail to secure or monitor their property. Specifically, according to Tennessee’s premises liability laws, the following areas must be properly maintained:
- Parking lots
- Dressing rooms
- Common areas
However, the definition of “adequate security” isn’t static. Property owners are expected to understand local conditions and account for reasonably foreseeable nuisances. For example, in high-crime areas, businesses are expected to take preventative measures by installing cameras, placing lights in parking lots, and securing unmonitored doors.
What to Do After a Negligent Security Accident
While state law entitles anyone who has been injured by inadequate security to file a claim for compensation against the responsible party, accident victims must be prepared to:
- Explain why the property owner owed them a legal duty of care.
- Demonstrate how the property owner negligently failed to implement proper security measures.
- Provide evidence that the property owner’s negligence caused their accident-related injuries.
- Calculate their damages.
Since premises liability claims are often contingent on the availability of evidence, accident victims should protect their legal rights to recovery by taking the following steps:
- Call 911. The police could help you investigate the cause of an accident or locate a suspected perpetrator. Even when law enforcement can’t arrest a wrongdoer, the responding officer’s report is evidence that you suffered a security-related accident injury.
- Seek immediate medical attention. A medical exam is critical to your premises liability case, even if you don’t believe your injuries are serious. Sometimes, medical issues aren’t immediately apparent or present symptoms, but a physician will help identify, diagnose, and treat latent and potentially life-threatening injuries.
- Collect evidence. If you don’t need an emergency medical intervention, try to collect evidence from the accident scene. This might include photographs of your visible injuries or of the dangerous circumstances that caused your accident.
- Speak to eyewitnesses. Premises liability cases are often contingent on eyewitness testimony. If another person saw your accident, ask for their full name, phone number, and other contact information.
Additionally, a premises liability attorney can help collect, analyze, and preserve the evidence needed to overcome the negligent property owner’s defense.
Potential Damages After a Negligent Security Injury
Currently, Tennessee doesn’t cap the damages available to most premises liability claims. So your legal counsel might consider the following for your case:
- Past, present, and anticipated medical expenses
- Physical rehabilitation
- Prescription medicine co-pays
- Counseling and therapy
- Lost income from work
- Emotional pain and suffering
- Wrongful death
However, keep in mind that under the Tennessee statute of limitations, accident victims must take rapid action to recover damages. If you wait too long to contact an experienced negligent security attorney, the court could dismiss your lawsuit automatically.
Contact a Tennessee Premises Liability Attorney Today
Property owners might have a legal obligation to keep their premises safe from unreasonable hazards, but few businesses are willing to offer fair compensation to accident victims. Even if you have a seemingly open and shut case, the property owner and their defense attorney could try to offload liability, potentially blaming you for their lack of responsibility.
You don’t have to tolerate negligence. Weir & Kestner Injury Lawyers are committed to providing unparalleled client service. Please send us a message online or call us at 615-220-4180 to schedule your free, no-obligation consultation as soon as possible.