Chattanooga Lawyer for Premises Liability Claims. Call (423) 255-7642
If you have been injured on someone else's property, you may be entitled to recover compensation for your injuries and damages. Your right to compensation is not automatic, however.
Instead, you generally must prove that the person or company that owned or controlled the property negligently created a dangerous condition on the property, or allowed such a condition to exist. If the property owner did not create the dangerous condition, but allowed it to exist, you also must prove that the property owner knew or should have known of the dangerous condition.
One way to prove the property owner should have known of the dangerous condition is to show that the condition existed for such a period of time that a reasonably careful property owner would have known of its existence. Another way is to show that the property owner's usual activities or method of operation make the existence of the dangerous condition reasonably foreseeable. For example, a fast-food restaurant that allows patrons to serve themselves fountain beverages reasonably can foresee that the floor near the beverage fountains may be wet and therefore dangerous.
Cases arising from dangerous conditions on property (also known as "premises liability" and "slip & fall" or "trip & fall" cases) present special challenges. Often, the only way to prove a property owner's fault for a dangerous condition on its property is to engage in extensive discovery of the owner's own records and applicable government records. In addition, a thorough inspection of the premises may reveal valuable evidence of the owner's liability. Finally, thorough research and knowledge of applicable building codes, OSHA regulations, and other laws may provide a basis for proving the owner's liability as a matter of law.
Premises liability cases usually require significantly more work and preparation than other types of cases, and I welcome this challenge. I have handled numerous premises liability cases successfully, even where the chances of proving liability appeared slim at the outset. Although each case is different and I cannot guarantee success, I believe my willingness to invest the requisite time and effort in this type of case gives my clients a distinct advantage. Please contact me or request a free evaluation to learn more.
Instead, you generally must prove that the person or company that owned or controlled the property negligently created a dangerous condition on the property, or allowed such a condition to exist. If the property owner did not create the dangerous condition, but allowed it to exist, you also must prove that the property owner knew or should have known of the dangerous condition.
One way to prove the property owner should have known of the dangerous condition is to show that the condition existed for such a period of time that a reasonably careful property owner would have known of its existence. Another way is to show that the property owner's usual activities or method of operation make the existence of the dangerous condition reasonably foreseeable. For example, a fast-food restaurant that allows patrons to serve themselves fountain beverages reasonably can foresee that the floor near the beverage fountains may be wet and therefore dangerous.
Cases arising from dangerous conditions on property (also known as "premises liability" and "slip & fall" or "trip & fall" cases) present special challenges. Often, the only way to prove a property owner's fault for a dangerous condition on its property is to engage in extensive discovery of the owner's own records and applicable government records. In addition, a thorough inspection of the premises may reveal valuable evidence of the owner's liability. Finally, thorough research and knowledge of applicable building codes, OSHA regulations, and other laws may provide a basis for proving the owner's liability as a matter of law.
Premises liability cases usually require significantly more work and preparation than other types of cases, and I welcome this challenge. I have handled numerous premises liability cases successfully, even where the chances of proving liability appeared slim at the outset. Although each case is different and I cannot guarantee success, I believe my willingness to invest the requisite time and effort in this type of case gives my clients a distinct advantage. Please contact me or request a free evaluation to learn more.