Top 7 Things You Need To Know If Injured On Someone Else’s Property
If you are injured on someone else’s property, you may be able to file a lawsuit against the property owner. Laws vary from state to state, so it is important to speak to a Memphis personal injury lawyer from Patterson Bray PLLC to learn what your options are. If you have been injured on someone else’s property, here are the top seven things you need to know:
1. You Must Show That the Negligent Party Owed You a Duty of Care
Tennessee law requires that you prove the negligent party’s carelessness caused your injury. To do this, you must show that the person or business had a duty to care for your safety. An experienced Memphis personal injury lawyer can help you get the compensation you deserve for your injuries and losses.
2. The Negligent Party Must-Have Breached That Duty of Care
Once you establish that the other party owed you a duty of care, you must prove they breached their duty in some way. The most common breach is when someone fails to take reasonable steps to prevent another from becoming injured on their property. A Memphis personal injury lawyer can work with you to determine who is at fault for your injuries and negotiate a settlement on your behalf.
3. Your Injury Was Caused by That Breach
After establishing that the other party breached a duty of care, you must show that their negligence caused your injury. This can be difficult when multiple parties are involved in an accident, but it is essential for proving liability.
4. You Suffered Real Damages as a Result of Your Injuries
Not only must your injury have been caused by another’s breach of duty, but it must have resulted in real damages (financial or otherwise). Otherwise, there is no reason to file a claim and seek compensation.
5. Whether the owner or possessor was negligent
In order to recover damages for a slip and fall or trip and fall accident, you will generally have to show that the owner or possessor of the property was negligent. In other words, you will need to show that he or she failed to use reasonable care under the circumstances in maintaining his or her property.
6. Whether your own negligence contributed to your injury
Tennessee follows a “comparative fault” rule in slip and fall cases, meaning that if you were also negligent in some way — such as by not watching where you were going — then your recovery may be reduced by an amount equal to your percentage of fault for the accident.
7. The timing of your injury report
If a business employee causes you harm (by an act such as mopping up a spill without posting any warning signs), then it is important that you report this act as soon as possible so that it can be documented and investigated immediately while there is still evidence available (such as security camera footage).
In most cases, you have one year from the time of the accident to file a lawsuit for your injuries, so talk to an experienced Memphis personal injury lawyer before accepting a settlement from liability insurance companies. Contact our helpful and knowledgeable Memphis injury lawyers from Patterson Bray PLLC today!