Monday, March 23, 2009

Premises Liability

"I fell leaving a basketball game in Knoxville. I slipped on a patch of ice leaving the arena and broke my wrist. What can I do?"

If the storm was occurring and everyone was having to deal with it at that moment then no one is liable. It was just an accident. However, if the snow or sleet wasn't currently falling and it was just a hazardous condition, then maybe they are liable. Let's take a look at some elements of premises liability.

In Tennessee the person or entity responsible for maintaining a piece of property in a safe condition can be named in a premises liability suit if a person is injured on the property because of negligent maintenance. For example, the landlord of an apartment complex, who also manages the building, has the responsibility to keep it safe or be held liable.
In the fall at the arena question, you are an invitee An invitee is someone who comes to a property for business, or something that is to the economic advantage of both parties. The most common business invitee, of course, is someone who goes to a commercial establishment like a store, restaurant, health club, tavern, spa, bank, or office.
Business invitees are entitled to the highest level of care. The people responsible for making a property safe must exercise care to make sure the property is safe for business invitees. If dangerous conditions can’t be repaired, business invitees must be warned of any danger.
If you feel that any of these situations apply to you, then seek legal counsel. The law office of Andrew Farmer wants to help.

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