Nashville Premises Liability Attorney
Accidents on someone else’s property in Nashville can occur unexpectedly, often due to poor maintenance or negligence at bustling venues and businesses. Whether you’re visiting the Opry Mills Mall, dining in a restaurant in The Gulch, or simply walking through a parking lot at Nissan Stadium, you might find yourself injured due to unsafe conditions. If this happens, you’re entitled to seek legal recourse. With the seasoned guidance of Weir & Kestner Injury Lawyers, located right here in Nashville, you can take proactive steps to assert your rights and pursue full compensation.
Our dedicated team of Nashville premises liability attorneys is relentless in holding responsible parties accountable, from major retail chains to local businesses. To better understand the claims process, the impact of Tennessee injury laws on your case, and how our firm can assist you during these challenging times, schedule a free consultation with our team today.
Your rights as an injured customer or guest in Nashville
In Tennessee, if you’re injured as a customer or guest on someone else’s property, you have certain rights under premises liability law. This area of law requires property owners and occupiers to maintain a reasonably safe environment for visitors. Here’s a breakdown of your key rights.
Right to safety – Property owners must ensure their premises are free from hazardous conditions that could foreseeably harm guests. This includes fixing known dangers, conducting regular inspections to discover potential risks, and warning guests about conditions that might not be immediately obvious. |
Right to be warned of dangers – If any known dangers have not yet been remedied, property owners must warn guests and customers about these risks. This could be through signs, barriers, or verbal warnings. |
Right to file a claim for damages – If you are injured due to the negligence of a property owner or manager — meaning they failed to keep the property safe or did not warn you about a hazard — you may have the right to file a claim for damages. This can include compensation for medical bills, lost wages, pain and suffering, and more. |
Right to legal representation – You have the right to seek legal representation to help you navigate the claims process and to advocate on your behalf. A qualified personal injury attorney can assess your case, gather necessary evidence, and negotiate with insurance companies or represent you in court if needed. |
Weir & Kestner is dedicated to helping you when you need it most
When you partner with our Nashville personal injury lawyers, you can trust that we will listen to your concerns, answer your questions, keep you consistently updated, and treat you with compassion and respect as we put all our resources into winning your case. We treat clients as people, not just cases.
Our legal knowledge, experience, and emphasis on providing human-touched representation make a positive difference in our clients’ experiences. Sometimes, law offices wage loud, public advertising campaigns promising top-notch lawyers are ready to help those who respond. Yet, their clients go through the entire legal process without speaking to an attorney. One of the first things our clients learn about us is that we are personally involved in every case.
At Weir & Kestner, we understand your injuries may make it difficult for you to travel or find available times to meet with us. We can accommodate you through flexible scheduling, digital options for signing documents and meeting you at your home or medical facility.
Work with a Nashville premises liability attorney who gets results in court
Six-figure award for client injured by negligent tree trimming company |
$180,000 for a carbon monoxide poisoning injury |
Six-figure award for a customer injured by a shoplifter at a major retail store |
We work hard to secure maximum compensation in your case
Tennessee allows victims to collect economic damages and non-economic damages. Economic damages include medical costs and future care needs, income lost while recovering, future lost earnings if injuries prevent you from working permanently, and other expenses incurred by accident. Non-economic damages account for how your injuries have affected you emotionally and physically and how they have reduced your quality of life overall.
From initial filing to resolution, your case is in the best hands with Weir & Kestner
When you work with a Weir & Kestner Nashville Premises Liability Attorney for your premises liability case, you’re assured of expert handling from start to finish. Here’s how we manage your case.
Thorough investigation
Our Nashville premises liability lawyers begin with a detailed investigation to identify the cause of your accident and the responsible parties. This step is crucial for building a strong foundation for your claim.
Claim filing
We ensure the timely filing of your claim within Tennessee’s one-year statute of limitations. If there are grounds for an extension, we’ll identify them and act to preserve your right to compensation.
Evidence preparation
Leveraging our experience as former insurance defense attorneys, we gather and prepare undeniable evidence, readying ourselves against any challenges from insurance companies.
Valuation of losses
Recognizing the tactics insurance companies might use, we accurately assess all your losses to secure a settlement that fully addresses your physical, emotional, and financial burdens. We handle all negotiations, so you don’t have to face insurance adjusters on your own.
Negotiation of settlement
With deep knowledge of Tennessee personal injury laws and insurance strategies, we enter negotiations prepared to fight for the maximum compensation you deserve.
Trial Advocacy
If a fair settlement is not offered, we are ready to take your case to trial. We will use our full resources and expertise to win the compensation you need and deserve.
Weir & Kestner aggressively manage every kind of premises liability case
Premises liability cases often involve slip-and-fall accidents, but they do not just cover those events. Culpable parties also vary depending on where the accident occurs. Our Nashville premises liability lawyers are prepared to manage your case, no matter its circumstances.
Private residences
As a guest, you might be injured by hazards like weak railings, broken stairs, or frayed carpets that the homeowner is aware of but fails to address.
Tennessee law generally does not allow trespassers to claim damages for injuries except under specific conditions. These include securing “attractive nuisances” like swimming pools or trampolines, especially for trespassers under 16.
Dog bites at a private residence can lead to premises liability claims if the dog is under the homeowner’s care.
Businesses
Business owners benefit from the clients who patronize their establishments and must ensure their properties are safe from hazards. Whether a supermarket, amusement park, office building, bar or restaurant, or site of another type of business, those responsible for the property’s management must:
- Issue warnings of possible dangers, such as marking wet floors with caution signs
- Implement processes for fixing or identifying dangers quickly
- Keep properties equipped with appropriate safety features–such as fire extinguishers, smoke alarms, and fire exits
- Have on-site adequate security offices and staff
- Keep walkways, hallways, aisles, or other areas open to foot traffic clear of tripping hazards
Rented spaces
Landlords and renters have responsibilities and rights under the Landlord-Tenant Act. Landlords are responsible for keeping properties up to health and safety codes and making timely repairs to remedy property hazards. They must keep all common areas (such as hallways, stairwells, or parking lots in apartment complexes) safe and secure.
If you are a renter hurt by a landlord’s failure to fulfill their responsibilities, your injuries may warrant a premises liability claim. However, suppose you are injured while visiting a renter, and your injury occurred from a hazard under the renter’s immediate control (torn carpeting). In that case, your claim may be against the tenant instead. A Nashville premises liability attorney from Weir & Kestner will review your case to determine the responsible party.
Government properties
You may have a valid premises liability case if you sustain an injury while at a state or local park or other government-owned property. However, claims against the Tennessee government follow special procedures best navigated by an experienced attorney.
How Tennessee’s Laws Affect Premises Liability Cases
Tennessee personal injury law follows a comparative fault model. This model allows victims to pursue injury claims if they bear less than 50% of the fault for the accident that caused their injuries. Representatives for the potential at-fault party typically work hard to put as much blame as possible on victims to avoid making a payout or at least to avoid lowering the payout. If a victim holds less than 50% but still bears some percentage of blame, they will see their compensation reduced by a percentage equal to their fault.
Your personal injury attorney in Nashville will challenge claims inflating your blame and gather as much evidence as possible to support your settlement demand and the at-fault party’s negligence.
Common questions about premises liability cases
How long will my case take to resolve?
Every situation is different, so predicting an exact case timeframe is impossible. Settlements typically happen faster than trial verdicts. The process of a trial depends on the court’s schedule and judge availability, among other factors, and can take one to five years to resolve.
Settlement negotiations do not involve these scheduling factors. Still, some negotiations run more smoothly than others, depending on the parties involved and the case’s complexity. While we cannot promise you an end date, we can promise to work to resolve your case as efficiently as possible.
How much compensation can I expect to receive?
The value of a premises liability case varies according to the specifics of your case. Still, your attorney will seek the highest amount possible to recover your losses, cover future needs, and acknowledge your pain. If applicable, you may collect punitive damages as well.
How do I know if I am eligible to collect punitive damages?
You may be entitled to punitive damages if the accident occurred because of egregious negligence or intention. Punitive damages require the offender to pay additional monies as punishment for their actions. Your attorney will review your case and, if punitive damages are warranted, will fight to get them.
Resources for victims hurt on someone else’s property
Legal Resources
- Weir & Kestner Injury Law
- 3200 West End Avenue, Suite 500, Nashville, TN 37203
- (615) 632-6907 – We take calls 24/7
- Contact us online
Municipal resources
Nashville Department of Law Claims Division – File against the Nashville Municipal Government
Do I Have a Case?
At Weir & Kestner Injury Lawyers, we are committed to providing the best possible client experience. Fill out our contact form below to schedule your free consultation today.