Lebanon Premises Liability Lawyer
Property owners hold a great amount of liability when it comes to protecting lawful visitors from foreseeable forms of harm, and that liability could allow for civil recovery in the event a landowner fails to appropriately maintain their property.
Filing suit under premises liability law works a little differently from personal injury litigation pursued under other circumstances, so it can be very helpful to have guidance from a seasoned attorney at the Miller Injury Firm. Once retained, a knowledgeable Lebanon premises liability lawyer could explain your options in a confidential setting, help build a comprehensive settlement demand or lawsuit, and tirelessly demand fair restitution for all your compensable losses.
Establishing Fault for Injuries on a Dangerous Property
It is important to emphasize that property owners are not automatically liable for every accident and injury that occurs on land they own or manage. Instead, liability is based on something called “negligence,” which in the context of premises liability law means an owner failing to use “reasonable care” to address known hazards on their land and, in some cases, to inspect their property regularly to ensure it is safe for visitors.
The degree of care a property owner in Tennessee owes to a visitor varies somewhat depending on why that visitor is on their land to begin with. Generally speaking, property owners owe a greater degree of care to “invitees” visiting for the landowner’s financial benefit or for mutual benefit than they owe to “licensees” who are visiting for their own purposes with the owner’s implied or explicit consent. While there are some exceptions, landowners in Tennessee broadly owe no duty to care to “trespassers” who are on their land without authority or permission.
If a property owner causes injury to a lawful visitor directly through their failure to provide “reasonable care” as defined under state law, that owner could be held financially accountable for all ensuing damages sustained by that visitor, including medical bills, lost work income, physical and psychological suffering, and more. A Lebanon property liability attorney could go over specific losses that could be factored into a potential claim during a private initial consultation.
How Comparative Fault Could Limit Recovery
Even if a property owner is legally liable for injuries suffered by a visitor on their land, that visitor may not be entitled to recover for the full value of their losses if they are found partially to blame for causing those losses through their own misconduct. Specifically, courts have the authority to reduce the value of a damage award based on the percentage of total fault they assign to an injured plaintiff. For instance, a claimant found 30 percent liable for their injuries compared to the defendant’s 70 percent could only recover for 70 percent of their ensuing losses.
Additionally, if a plaintiff is found equally at fault or more at fault for their accident compared to all defendants combined, they may be barred from recovering any compensation at all. Support from a premises liability lawyer in Lebanon can be especially crucial if there are any question about comparative fault that could restrict the amount of compensation you could recover.
A Lebanon Premises Liability Attorney Could Help
Whenever an accident happens on privately owned land, the process of pursuing financial restitution for ensuing injuries gets a little more complicated. Even if you have substantial evidence that the property owner is to blame for your injuries, you may have trouble turning that evidence into a fair damage award or settlement without professional legal assistance.
Fortunately, that help is available from a seasoned Lebanon premises liability lawyer. Call today to schedule a consultation with the Miller Injury Firm.