Are you dealing with the aftermath of a slip and fall accident, including pain, mounting medical bills, and lost wages? Know that you’re not alone in this struggle. Such accidents often result in serious injuries, and in many cases, they could have been avoided altogether. If your injuries are due to the negligence of a property owner, you have the legal right to seek compensation for your medical expenses, lost income, and the suffering you’ve endured.
Don’t wait to seek legal assistance if you’ve been injured in a slip, trip, or fall accident. At Weir and Kestner, our slip and fall attorneys have seen numerous cases of negligence and will work tirelessly to ensure that you receive the compensation you deserve.
Reach out to our Tennessee personal injury lawyers today to learn more about how we can use our experience and knowledge to your advantage. Call our office at 615-220-4180 to schedule your free consultation.
We will assess all aspects of your Tennessee slip and fall accident case and help you get the most for your injury claim.
Your trip and fall accident compensation should cover all of your past, current and future medical expenses. We will fight to ensure the insurance adjusters don’t take advantage of the fear that comes following a premises liability accident.
If your slip and fall accident left you with a permanent disability we will put the highest consideration into your future financial needs in order to ensure the insurance adjusters don’t try to settle by presenting a low offer.
We ensure your damages include consideration for pain, suffering and trauma you experienced due to the trip and fall accident. The insurance adjusters know it’s difficult to calculate these damages, however Tony and Joe are experienced in documenting and fighting for what you deserve following an unexpected premises liability accident.
You need to be compensated for the income you lost if you missed work due to your slip and fall accident as well as any sick or vacation time you had to utilize in order to recover. Our Tennessee personal injury lawyers will fight to ensure this money is also addressed in your claim.
Slip and fall accidents are some of the most difficult personal injury claims to win. Victims are often not taken seriously—by the property owner, doctors, or their own family—and the claim of negligence can be very hard to prove. However, if you are seriously injured in a fall in a store or restaurant, you should not let these obstacles prevent you from at least consulting an experienced attorney about whether you have a case or not. You could be owed compensation for your medical bills, lost wages, and pain and suffering, and you do not want to throw that away because an uninformed person convinces you that you don’t stand a chance of winning.
In Tennessee, as in other states, slip and fall accidents fall under an area of the law known as premises liability. Any time unsafe or hazardous conditions on somebody’s property result in a visitor’s injuries, the owner could be held liable.
This includes incidents such as dog bites, swimming pool accidents, assaults, elevator accidents, and more. In a slip and fall or trip and fall accident, it must be shown that a hazard such as spilled liquid, snow or ice, torn carpeting, broken stairs or handrail, or unsecured electrical cords caused your fall. This is not as simple as it may seem. In a Tennessee premises liability claim, you must prove all of the following:
You must show that the owner or manager of the property created or permitted a dangerous condition to exist on the premises. For example, if an employee mopped up an area of a grocery store and failed to put up a warning sign indicating that the floor is slippery, this could be considered negligence.
You must be able to provide a direct link between the hazard and the fall that caused your injury. For example, you slipped on spilled liquid, fell to the ground, and broke your arm.
The final—and often most difficult—point you must prove is that the owner or manager knew or should have known about the dangerous condition that caused your fall and did not do anything to fix it. On a snowy day, for example, a manager should know that the walkway to his building will be hazardous and should take action to make it safe.
The insurance company and lawyers for the property owner will fight you on all three of these points, but our team will gather evidence necessary to prove your case, such as witness statements, surveillance video, medical records, and expert testimony.
Slip and fall laws do not apply to everyone who may be injured on someone’s property. Traditionally, property owners only have a duty of care to invitees and licensees. If a trespasser or intruder is injured, he or she cannot hold the property owner responsible. Over the decades, Tennessee courts have modified the rules regarding premises liability. During this time, some premises liability legal definitions you may see from time to time include:
You may find your motives for being on the property questioned by the owner or his lawyers in order to avoid responsibility for your injuries, but we will be by your side to protect your right to a recovery.
If you have been injured in a slip and fall accident in Tennessee, you need to speak with an experienced slip and fall lawyer as soon as possible. Contact us online or call us directly at 615-220-4180 to schedule your free consultation. If you’re not ready to talk, but still want to learn more about your rights, allow us to email you a complimentary copy of Know Your Rights: Slip and Fall Injuries.