Throughout a person’s life being involved in a slip and fall accident is extremely common. Fortunately, the majority of these falls are not serious. Unfortunately, the same cannot be said of some types of slip and fall accidents.
In too many cases, adult falls produce serious injuries. While some of these falls are due to clumsiness, poor coordination, weakness, or dizziness, many falls are the fault of someone else’s negligence. When another person or company is at fault for a fall that caused significant injuries to you, it is important to be aware that you are entitled to sue the offending party for damages to cover damages that include medical expenses, pain and suffering, lost income, and permanent injury. If you are severely injured in a slip and fall accident due to someone else’s negligence in Middle Tennessee, you are fortunate to have Cummings Law, an accomplished personal injury law firm in Nashville, easily accessible.
At Cummings Law, personal injury cases are handled on a contingency basis. This means you only pay an attorney’s fee if you receive money via a settlement or via a trial verdict. Because injured persons who have an attorney help them with their claim receive up to 3x more than people who do not have an attorney help them, getting the right attorney to help you makes a huge difference. Contact Cummings Law to get an initial evaluation and to get on the right track to securing strong legal representation.
How a Property Owner May Be Held Responsible for Your Slip and Fall Accident
All owners of private or public property in Tennessee have a legal responsibility to keep their property safe for others. This responsibility is known as a “duty of care.” A premises liability lawsuit can be filed against a party that breaches this duty. Therefore, if you are seriously injured in a slip and fall accident on someone else’s property, you may be entitled to compensation.
Whether or not you can recover damages, either through a negotiated settlement or via a courtroom verdict, depends on whether the property owner failed to take proper care of his or her property. If suffered severe injuries from a fall that you think is someone else’s fault, you should contact Brian Cummings to get the legal help you need.
Examples of Premises Liability in a Slip and Fall Accident
Examples of situations in which the property owner may be held liable for your accident include having any of the following dangerous conditions:
- Slippery floor with no warning signs or cones
- Outdoor or indoor broken stair, bannister, or step
- An uncontrolled dog that knocks you over or bites you
- Unmarked hole that you fall into
- Obstacle that you trip over
- Torn carpet or a scatter rug that slides
- Ungated swimming pool
Obviously, there are a great many other types of negligence that can also make the property owner responsible for your injury.
Types of Damages
Compensatory damages that an attorney can help you recover include:
- Medical and rehabilitation expenses
- Pain and suffering
- Property damage (e.g. destroyed clothing, jewelry, or electronic equipment)
- Lost income, present and future
- Permanent disability or disfigurement
- Loss of consortium (injury to a personal family relationship)
- Loss of enjoyment of life
If the negligence of the defendant has been extreme — for example, if someone else had already been harmed by the defendant’s broken stair and reported it to the owner who never had it repaired — you may also be entitled to punitive damages. Punitive damages serve as a punishment to the defendant as well as a warning to others not to engage in similar misconduct.
In cases involving the wrongful death of a loved one due to a slip and fall accident, close relatives may file a wrongful death lawsuit. If you are in this tragic situation due to the death of a family member, you should call Cummings Law to discuss how you and your family should proceed.
Statute of Limitations for Slip and Fall Accidents in Tennessee
You have 1 year from the date of the slip and fall accident to file a personal injury lawsuit. If the victim of a fall died days after the fall as a result of the fall, the 1 year period starts running from the date of the death.
Comparative Negligence in Tennessee Slip and Fall Cases
In slip and fall cases, the defense typically tries to argue that the victim was somehow at fault for their own fall. If, for example, at the time you fell you were experiencing balancing issues, episodes of dizziness, were slightly inebriated, or wearing bad footwear, it may be argued that you were at greater than average risk of falling, thus contributing to your injury
Under Tennessee’s comparative negligence law, if the court finds you partially responsible for the slip and fall accident, it will assign you a percentage of fault and that percentage will be deducted from the amount of damages you are awarded. For example, if you are found 20 percent at fault for your fall and the court awards you $500,000 in damages, you will receive $400,000 – which is 20 percent less than the total amount of your damages.
It is extremely important to be aware that in Tennessee if you are deemed to be more than 50 percent at fault for the accident, you cannot receive any damages at all. Brian Cummings, knows well how to handle and argue your case so that you receive all of the compensation you deserve, regardless of what the other side may try to argue.
Contact Our Nashville Slip and Fall Accident Attorney
Brian Cummings is an agile negotiator and an aggressive litigator, but beyond his legal skills, he is a compassionate person. Whether you have suffered a broken hip, facial wounds and scarring, a head injury, or some other life-altering injury, he will be constantly in your corner. He will fight for your right to receive substantial compensation for your financial, physical and emotional losses and for the trauma you and your family have undergone. Contact our offices for a free consultation.