Memphis Slip & Fall Lawyers

Hurt in a Slip & Fall Accident in Memphis? Call (901) 209-5500

Serious injuries can occur due to something as simple as an icy sidewalk or wet floor. For this reason, premises liability laws have been put into place to ensure that individuals, agencies, and entities maintain reasonably safe property conditions in order to protect others from harm or injury. If a person slips due to an unsafe property condition and sustains an injury as a result, the injured victim may have a right to file a premises liability claim against the property owner.

Injured in a slip and fall accident on someone else's property? Call our Memphis slip and fall accident lawyers at Donati Law, PLLC right away at (901) 209-5500!

Common Causes of Slip and Fall Accidents

Although slip and fall accidents can occur for numerous reasons, many are caused by the following types of unsafe property conditions:

• Uncovered pits
• Wet and unmarked floors
• Oil spills
• Icy pavements
• Broken staircases
• Uneven ground
• Failure to install safety railings
• Potholes

Who Can Be Held Liable for Your Injuries?

Similar to all premises liability accidents, slip and fall accidents must be handled on a case-by-case basis. However, before an individual can establish a premises liability claim, he or she must be able to prove that the unsafe condition was the direct cause of injury and that the accident occurred due to the negligence of the property owner.

In Tennessee, to win a suit based on a slip and fall, you must prove that the owner or operator of the premises either created the dangerous condition or had knowledge of the dangerous condition that caused your fall. Even if the owner or operator didn't know about the particular condition that caused your fall, they can be found liable if they had "constructive notice" of the condition. This means that the owner or operator should have known about the condition based on common practice, a re-occuring incident, or a pattern of conduct.

Still, certain conditions exist, which may leave the property owner not responsible for the accident or damages:

• The dangerous condition was blatantly obvious
• The property owner was unaware of the danger in an appropriate amount of time
• The damages could have been avoided by the victim
• If the property owner relayed information or posted signs regarding the potential danger

Because there are various ways in which a property owner can avoid responsibility for a premises liability victim’s injuries, it is wise for injured people to contact experienced legal representation right away. A skilled premises liability lawyer can examine the details of the victim’s cause and gather evidence to prove that the property owner should be held liable.

Statute of Limitations for Slip & Fall Lawsuits in Tennessee

Like any other legal matter, slip and fall accident lawsuits are subject to a legal deadline known as a "statute of limitations" which sets a hard deadline on how long you have to sue. Under Tennessee Code section 28-3-104, injury lawsuits related to slip and fall accidents must be filed in civil court within one year of the date of the incident. In the rare case that a slip and fall leads to a person's death, the family of the deceased will have one year from the date of death to pursue a wrongful death action against the responsible property owner.

If you fail to file a claim before the statute of limitations period expires, you will lose your right to sue and will effectively be barred from recovering compensation for your injuries. Since adhering to the statute of limitations can ultimately make or break your claim, it is important to get an attorney involved as early as possible after your accident to guard your interests and maximize your chances of securing a favorable outcome.