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  • Writer's pictureRobert Schuerger II

What Is the Cause of Action for Premises Liability? Understanding Premises Liability Law

Property owners have a duty to ensure that anyone who works, shops, or visits is safe. When this duty is neglected, and someone is injured, they can be held liable for any resulting damages. However, it's important to remember that it is the plaintiff's responsibility to prove that the defendant was at fault in a premises liability claim.

This article will discuss the cause of action for such claims and the importance of having reliable legal representation when attempting to hold a property owner liable.

What Is a Cause of Action?

What Is a Cause of Action?

Before answering the question, "What is the cause of action for premises liability?" it might be helpful to first understand what a "cause of action" is. Contact Schuerger Shunnarah Trial Attorneys for more information on What is the statute of limitations for premises liability in Tennessee?

In law, a cause of action, sometimes referred to as a right of action, is a set of facts that can be used as evidence to support bringing a claim to recover damages or to enable the enforcement of a legal claim against a third party. It is essentially the legal theory on which a plaintiff bases their lawsuit.

Understanding Premises Liability Law

Personal injury claims resulting from injuries sustained while on another person's property are governed by a type of legislation known as premises liability law.

This law specifies the conditions under which real estate owners may be held accountable legally if something goes wrong. It's important to remember that property owners aren't always responsible when someone is wounded in their building or home.

Property owners are only held liable in legal claims if the accident could have been prevented, and they failed to take the necessary steps to ensure that their home, building, or land was safe for workers, visitors, or patrons.

The different types of compensation injury victims may be eligible for, as well as the duties that real estate owners have to others, are established by premises liability law. The law governing premises liability will apply to a victim's case if they are injured on someone else's property and decide to file a lawsuit for damages.

Filing a Personal Injury Claim in Tennessee for Premises Liability

Every state will have its own premises liability laws, so when filing a lawsuit, it's important to talk to a lawyer who is familiar with the law and legal processes in that state. They can also answer What are the most common premises liability injuries?

Tennessee follows a modified comparative fault law, which means that a plaintiff may pursue compensation for their injuries, even if they are up to 50 percent liable for the accident. A reliable personal injury lawyer can guide victims on how to pursue maximum compensation if they were hurt in an accident that was caused by the negligence of another.

The Four Elements of Premises Liability

As mentioned previously, it is the job of the plaintiff to prove that the property owner is liable for his or her damages in a premises liability claim. Here are the four premises liability elements that must be proved for a case to qualify for compensation:

The Property Owner or Tenant Owed the Plaintiff a Duty of Care

First, a plaintiff must be able to prove that the owner or occupier owed the plaintiff a duty of care. A duty of care is essentially the responsibility to ensure that the victim is safe on the property. This involves taking reasonable measures to mitigate risks and deal with potential hazards timeously to prevent injury.

The claimant will also have to prove that the defendant either owned the property or was a tenant there when the accident occurred. It's important to ensure that the correct party is being held accountable. If a person is at a shopping mall and slips on a slippery surface in a store, the injured party would hold the store owner or tenant liable for their damages and not the owner of the shopping mall.

However, if the accident happened in a common area in the shopping mall, then the mall owner can be held liable. It can sometimes be challenging to determine who to hold liable in premises liability claims. Fortunately, this is where an experienced premises liability lawyer can help.

The Defendant's Negligence Led to the Accident

The tenant or property owner must have failed to exercise the required level of reasonable care for their actions to be deemed negligent. The standard of care depends on the relationship the plaintiff has with the property owner. Homeowners who allow visitors onto their properties have a lesser responsibility to maintain secure premises than businesses that allow customers in.

The Premises Liability Accident Led to Injuries and Other Damages

In premises liability cases, the plaintiff must also be able to prove that the injuries they suffered resulted from the accident that occurred on the defendant's premises because of a failure to fulfill their obligations. Medical bills, photographs, doctor's testimonies, and more can be used as evidence.

The Plaintiff Suffered Damages

The final element that must be proved in a premises liability case is that the injuries caused by the defendant's negligence resulted in calculable damages. These losses can be in the form of economic damages, such as:

  • Medical expenses

  • Lost wages

  • Property damage

Non-economic damages for the trauma that the experience caused also form part of premises liability claims. This includes the following:

  • Pain and suffering

  • Mental anguish

  • Loss of enjoyment of life

How an Attorney Can Help with Premises Liability Claims

How an Attorney Can Help with Premises Liability Claims

Hiring an attorney with legal status is important to ensure the success of the premises liability claim. Lawyers can offer valuable insight and assess the merits of a case. They also take care of the paperwork and handle negotiations and dealings with third parties.

Legal representatives have a comprehensive understanding of premises liability laws and will ensure that no stone is left unturned in a victim's pursuit of justice.

Need Help with a Premises Liability Claim? Contact Schuerger Shunnarah Trial Attorneys

Schurger Shunnarah Trial Attorneys is a reputable law firm in Nashville, Tennessee. The team understands the challenges victims face when going up against major corporations and insurance companies, and they will go to war to ensure that the claimant receives the compensation they rightly deserve.

To learn more, victims can contact the firm to schedule a free consultation.

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