In the Volunteer State, data gathered in 2020 by the Tennessee Department of Health indicated that out of the 970 fall-related deaths recorded, around 84% involved the elderly. It showed that falls had become one of the leading causes of injuries and deaths among older Tennesseeans in recent years.
Seeing your elderly loved one get injured or die from a fall, whether at home or on another’s property, can be devastating. Thus, it is important to be knowledgeable about Tennessee slip and fall laws to know what you can do if that happens.
This article will discuss various slip and fall topics, including the causes and injuries that one might sustain from this type of mishap. It will also tackle how to prove fault, other ways to obtain compensation, and the statute of limitations for filing a claim if you or a loved one gets injured in a slip and fall accident.
Slips and falls can happen at any time and are, at times, unpreventable. Some common causes of slip and fall accidents are the following:
Hazards like wet flooring, spills, and leaks.
Poor maintenance of premises, such as disregarding uneven floorboards, loose wires, and cracked tiles.
Uncleared sidewalks (e.g., walkways covered in puddles or snow).
Poorly lit areas.
Broken handrails.
Injuries that can be sustained from slips and falls include:
Broken bones.
Concussions.
Cuts and lacerations.
Facial injuries.
Spinal cord injuries.
Traumatic brain injuries.
A lawsuit can arise when someone gets injured on another person's property due to unsafe conditions. Slip and fall claims are under the premises liability umbrella. It is a legal doctrine that states that, generally, property owners have the responsibility to keep their premises safe to prevent others from getting injured. However, how do you prove that the property owner is at fault for your fall?
One of the ways you can prove that someone is at fault in a Tennessee slip and fall case is by showing that they were negligent. Negligence in this situation is when the defendant fails to protect the plaintiff while on their property. Specifically, certain factors must be present for you to have a valid negligence claim:
The property owner breached their duty of care (i.e., protecting people on the premises).
The breach directly caused the slip and fall injury.
You sustained damages as a result of the accident.
Does the property owner always have a duty of care to protect people on their premises? As long as people are permitted to be there, the answer is yes. But if an individual trespassed on the property, then the owner is not obligated to take care of them. The only way a trespasser can legally pursue a personal injury case is if the owner intentionally harms them.
Tennessee slip and fall laws make special mention of liability involving child trespassers. A property owner is liable for a child's injuries if the following factors are present:
The owner maintained the dangerous condition (e.g., a makeshift playground with rusty or pointy objects) of their property even if they knew that it posed a serious injury or death risk to trespassing children.
The owner knew that the children would likely trespass (e.g., the place looks like a playground).
The danger in the area was not obvious to children who did not recognize the risk present.
The area's risk of harm to children was greater than the usefulness it had to the owner.
The owner failed to protect the children by not reasonably removing the danger from the area.
To strengthen your claim, you must gather evidence that the defendant breached that duty of care, like images showing that the defendant did not do anything to clean the area. You can also provide documents proving that you were injured because of the accident, such as medical records and bills, lost wages, and loss of consortium. For guidance on your options, you can contact a slip and fall lawyer.
The amount that you can get in a case depends on the factors surrounding your situation, including the severity of your slip and fall injury, your fault in the accident, and the effects of the injury on your life.
There are two categories of compensatory damages that you can receive in a claim: economic and non-economic. Economic damages are quantifiable costs like medical bills and lost pay. Non-economic damages are non-financial in nature, including emotional distress, mental anguish, and loss of companionship.
While economic damages are not capped, non-economic damages are limited to $750,000. The cap can be raised to $1 million if you suffer catastrophic injuries such as amputation, spinal cord injuries that result in paraplegia or quadriplegia, or third-degree burns covering more than 40% of your face or body.
Punitive damages are also awarded in certain situations, primarily to punish the defendant for reckless, fraudulent, malicious, or intentional conduct. The entire award shall not exceed twice the amount of compensatory damages, or $500,000.
Tennessee uses modified comparative fault when determining the negligence of each party in a case. Under this doctrine, while you can still be compensated if you are partially negligent, it will be reduced based on your percentage of fault.
For example, the court determined that you were 10% at fault in the incident. The award of $80,000 will then be lowered to $72,000.
If you are 50% or more at fault for the accident, you will not be eligible for compensation.
There are other ways to get compensated for your losses following a slip and fall accident. If the property owner has liability insurance, then you may file a claim against their insurance company instead. Moreover, you can pursue a workers' compensation claim if you get hurt at the workplace.
General liability insurance is essential for businesses to protect themselves in case someone gets injured on their premises. It covers not just legal fees if the business is sued but also medical expenditures, which may include costs resulting from slips and falls.
Typical policy limits range between $500,000 and $1 million for most small businesses, although it is recommended to have a larger limit if there are high risks involved in the business sector one is in. Businesses that should have general liability coverage are those that tend to customers daily, such as restaurants, hotels, hospitals, and grocery stores.
Keep in mind that before their insurance company can pay you, you must prove that the business owner was negligent.
Homeowners' or renters' insurance does not cover slip and fall accidents specifically, but it does cover legal fees if the owner is sued. It serves as protection for the owner if a visitor or a tenant files a liability suit against them for their injuries. However, negligence rules apply, meaning that the plaintiff must prove that the owner breached their duty of care, that is, failing to remove the dangers from their property.
For example, you are renting an apartment, but the premises are rarely cleaned. The front yard is always covered in snow during the winter, and one day you slipped on the snowy walkway, resulting in some fractured bones. If the owner has insurance, then their policy will shoulder the legal costs of the suit.
The policy limit for personal liability claims depends on the insurance coverage you have. If you own a large dwelling space for rent, then it is advised that you opt for a bigger limit.
If you are hurt in the workplace, you should file a workers' compensation claim rather than a personal injury claim. Tennessee law requires businesses with at least five employees to carry insurance (except for companies in the construction or mining sectors, where they must have coverage even if they only have one employee).
Workers' compensation insurance covers a variety of injuries, including slips and falls. You will be compensated regardless of whether the slip and fall accident was caused by you, another employee, or your employer, as long as the injury occurred while you were on the job.
If you believe that filing a claim against the owner's insurance company is the better alternative, you can consult with a slip and fall attorney who will advise you on your options. They can also assist you with further understanding Tennessee slip and fall laws.
If you were injured while on someone's property in Tennessee, you have one year from the date of the accident to file a claim. The one-year time limit applies even to wrongful death cases, though it starts on the date of death. It is important to sue the liable party within the time limit, or you may be barred from compensation.
The Tennessee Bar Association assists residents with their legal concerns through various programs and services. One of them is the Lawyer Referral Service, which helps individuals find a suitable lawyer for their situation. Interested parties can call (865) 522-7501 if they live in East Tennessee, (615) 242-6546 for those who live in Middle Tennessee, and (423) 756-3222 for those in Southeast Tennessee.
The Tennessee Supreme Court’s Justice Initiative aims to strengthen residents' legal access. It provides a library of information on various legal topics, including alternate ways to get compensation without going to court, the state's court system, ways to represent yourself in court, and information on different practice areas. It also has legal documents for various civil cases on its website.
WTLS provides free civil legal services to people in the region. It tackles issues involving victim rights, consumer-related concerns, housing, and family law. It also represents the elderly on matters such as healthcare, public benefits, wills, and advance directives. Residents can call (731) 423-0616 for more information.
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