Texas & Tennessee Premises Liability Lawyers
Premises Liability in Texas and Tennessee
Premises liability cases arise when property owners or managers fail to maintain a safe environment, leading to injuries or harm. These cases include:
- Slip and falls due to wet floors, uneven surfaces, or poor maintenance.
- Mold exposure causing health issues in homes, apartments, or condos.
- Inadequate security leading to victims of crimes such as assaults, shootings or robberies.
- Falling objects or unsafe construction areas that pose hazards responsible for injuries that occur due to unsafe or hazardous conditions on their property.
Property owners, whether individuals or commercial entities, have a legal obligation to maintain safe premises for visitors. This includes regular maintenance, prompt repairs of known hazards, and adequate warnings about potential dangers.
If you or a loved one has been injured on someone else's property in Texas or Tennessee, reach out to Culpepper Law Group for a free consultation. We'll guide you through the premises liability process and work toward securing the justice and compensation you deserve.
Determining Liability and Understanding the Duty of Care
Establishing liability in a premises liability case hinges on proving that the property owner breached their duty of care to the visitor. This involves demonstrating that the owner knew or should have known about the hazardous condition and failed to take appropriate action to mitigate the risk. For instance, in a slip and fall case, it must be shown that the property owner was aware of a slippery floor but did not clean it up or post warning signs in a timely manner.
The duty of care owed to visitors varies based on their legal status:
- Invitees: Property owners must take proactive steps to maintain the safety of invitees, including regular inspections and immediate action to address hazards.
- Licensees: The duty of care extends to warning licensees about known dangers, but there is no obligation for regular inspections.
- Trespassers: The property owner's responsibility is minimal, primarily focused on not causing intentional harm.
The Legal Process with Culpepper Law Group
Pursuing a premises liability claim requires a strategic legal approach. Culpepper Law Group's experienced attorneys will assist you in every step of the process, from gathering evidence such as incident reports, surveillance footage, and witness statements, to consulting with professionals in fields like safety engineering or medical care. Our team will also handle negotiations with insurance companies and, if necessary, represent you in court to help you receive fair compensation for your injuries and losses.
Comparative Fault in Texas and Tennessee
Both Texas and Tennessee follow modified comparative fault rules, though with important differences. In Texas, if you are found to be partially responsible for your injury, your compensation will be reduced by your percentage of fault. For example, if you are awarded $100,000 but found to be 20% at fault, you will receive $80,000.
Tennessee follows a 49% rule, meaning you can still recover damages as long as you're less than 50% responsible for the incident. Your compensation will be reduced by your percentage of fault. Culpepper Law Group will work diligently to minimize your assigned fault, maximizing your potential compensation in both states.
Tennessee Premises Liability Specifics
In Tennessee, property owners must maintain reasonably safe conditions for all lawful visitors. The state recognizes different categories of visitors similar to Texas, but Tennessee courts have established additional protections in several key areas:
- Attractive Nuisance Doctrine: Tennessee law provides special protections for children who may be attracted to dangerous features on a property, such as swimming pools or construction equipment.
- Statute of Limitations: Tennessee has a one-year statute of limitations for personal injury claims, including premises liability cases, which is shorter than many other states.
- Government Property Claims: Tennessee has specific procedures and shorter timeframes for filing claims against government entities for premises liability on public property.
Why Choose Culpepper Law Group for Your Premises Liability Claim?
Choosing Culpepper Law Group means partnering with a law firm that has a proven track record in handling premises liability cases in both Texas and Tennessee. Our attorneys are knowledgeable about the specific laws in both states and serve as compassionate advocates for our clients. We understand the physical, emotional, and financial toll an injury can take, and we are committed to fighting for your rights and helping you receive compensation for your medical expenses, lost wages, pain and suffering, and more.
