Slip and Fall Lawyer in Kingsport and Johnson City

Slip and fall cases are some of the hardest cases to win in Tennessee. The store, the landlord or the property owner will say you weren’t watching where you were going, that the hazard was obvious, or that they had no idea it was there. Their insurance company will say all three.

I know how to win these cases, and I’ve done it in front of juries. A Washington County jury returned a $2.6 million verdict in one of my slip and fall trials. In another, a jury took five minutes to award my client $550,000 for a shoulder injury from a fall.

Prior results do not guarantee a similar outcome. Each case is different.

What you have to prove in Tennessee

Being hurt on someone else’s property is not enough on its own. In general, you have to show:

• A dangerous condition existed on the property,
• The owner either created it, or knew or should have known about it in time to fix it or warn you, and
• The condition caused your injury.

The middle element, notice, is where most of these cases are won or lost. Proof might come from employee testimony, inspection logs, video, prior complaints, or showing the problem was a recurring one the owner never fixed.

Tennessee’s comparative fault rule also applies. If you were partly at fault, your recovery is reduced, and if you were 50 percent or more at fault, you recover nothing. That’s why the property owner will always try to blame you.

Where falls happen

• Grocery stores and big box stores, with spills, produce and leaking coolers
• Parking lots, with potholes, ice, poor lighting and broken curbs
• Restaurants and gas stations
• Apartment complexes, with broken stairs, railings and walkways
• Hotels and rental properties
• Construction areas and businesses under renovation

What to do after a fall

1. Report it to a manager and ask for a copy of the incident report.
2. Take pictures of what made you fall before anyone cleans it up, and of your shoes.
3. Get witness names and phone numbers.
4. Ask about cameras. Most stores record over their video in days or weeks.
5. Get medical care and keep every record.
6. Don’t give a recorded statement to the store’s insurance company.

The deadline

Most premises injury claims in Tennessee must be filed within one year. Video and maintenance records can disappear long before that, so the sooner you call, the better your chances.