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Who is Liable for a Slip and Fall Accident in Tennessee?

Posted on March 1, 2022 in

Property owners in Tennessee have an obligation to keep visitors reasonably safe from harm. If you are injured in a slip and fall accident on someone else’s property, you might be able to sue if you believe a dangerous condition on the premises was responsible for your fall. However, determining who is liable for your resulting damages is not always easy and often depends on where the accident occurred.

Who is Liable for a Sidewalk Slip and Fall?

The owner or lessor of the property adjacent to a sidewalk is typically responsible for keeping the sidewalk in good condition. However, depending on local ordinances, it may be the city’s responsibility to repair a sidewalk that is damaged. As a result, who is liable for a sidewalk slip and fall may depend on why the accident occurred and is typically decided on a case-by-case basis.

Who is Liable for a Slip and Fall on Government Property?

Claims against the state government are permitted through the Tennessee Claims Commission Act. This law allows you to sue the state for claims based on negligence on the part of a state agency or one of its employees if your slip and fall was caused by:

  • Negligently created or maintained dangerous conditions on state property;
  • Negligent construction of state sidewalks and buildings; or,
  • Negligent care, custody, and control of persons.

Although special protections are typically afforded to government agencies, in these circumstances, you can pursue a lawsuit against the state of Tennessee. Similarly, under the Tennessee Governmental Tort Liability Act (TGTLA), you can sue local governments for a slip and fall based on negligence, including dangerous conditions on streets and highways.

Who is Liable for Slips and Falls in a Business?

Business owners owe visitors a higher duty of care to keep their premises safe from preventable accidents. They are responsible for regularly inspecting the premises for hazards and potential dangers. As soon as they are made aware of a potential risk, it must be corrected or warned of as quickly as possible. Therefore, if a slip and fall were to occur due to their negligence in maintaining the premises, the owner would be liable for your slip and fall.

Who is Liable for Private Property Slip and Falls?

Private property owners in Tennessee owe a lower duty of care to keep visitors reasonably safe from harm. Since their premises are for non-business purposes, property owners do not have to inspect their property for hazards regularly. However, identified dangers must be fixed or warned about. If a private property owner is aware of a hazard and failed to fix or alert you of it, resulting in your slip and fall, then the property owner would be liable. 

Who is Liable for a Slip and Fall at Work?

Many slip and fall accidents happen on the job or while completing work-related tasks. When this happens, you are entitled to workers’ compensation benefits. However, in some instances, there may be a third party that contributed to the accident who is also financially liable. For example, a store owner if you fell while picking up supplies for work.

Get Help For a Slip and Fall Injury

If you have been injured in a slip and fall accident, you may feel overwhelmed. Our Mount Juliet slip and fall accident lawyers are here to help you through the process of determining liability and seeking justice for your injury. Contact our law firm for a free consultation today.