Who is at Fault in a Tennessee Slip and Fall Accident?

A slip and fall accident can result in serious injuries and an abundance of medical bills. If you’ve suffered a slip and fall accident while on someone else’s property in Tennessee, it’s good to know what your options are for compensation.

When you file a personal injury lawsuit there are a couple of things that you should keep in mind: 1) you have limited time to file your claim and 2) you may be prohibited from any award depending upon how much fault you share.

The Statute of Limitations for Slip and Fall Accidents in Tennessee

Since evidence fades with time, each state requires that all cases be brought within a certain time frame. This period of time is known as the statute of limitations and is dependent upon the type of case to be filed. If someone fails to bring a case before the end of the statute of limitations, they essentially forfeit the right to bring a case – even if they had a claim.

In Tennessee, you have one year from the date of the slip and fall incident to file a personal injury claim in the state’s civil court system. However, if someone passes away as a result of a slip and fall accident, the deceased person’s representatives can file a wrongful death suit but are subject to the same time frame except it begins on the date of the individual’s passing.

If you damaged property in a slip and fall accident and wish to have it replaced, you have three years from the date of the incident to file.

The determining factor in the outcome of a slip and fall case is whether it was the property owner’s negligence that caused the accident.

Comparative Negligence in Tennessee Slip and Fall Accidents

One of the biggest defenses to a slip and fall accident claim is that the victim also shared some of the fault for the accident. If the property owner can convince the court that the plaintiff (the person filing the lawsuit) is partially to blame for the accident, any monetary compensation that you receive can be lowered or, in some cases, removed entirely.

Common arguments that a property owner will offer include:

● You failed to pay adequate attention to where you were walking

● You were wearing inappropriate footwear

● The dangerous condition should have been obvious to you

● The dangerous condition was blocked off by signs or barricades

The state of Tennessee follows what is called “comparative negligence” rules. Under comparative negligence rules, if the court finds that you share some of the blame for the accident, it will reduce any compensation that you receive by your percent of fault. However, if you are found to be more than 50% at fault for the accident, you are barred from any recovery.

For example, imagine that Paul is in a grocery store and slips and falls on water from a broken bottle that the store failed to clean up. As a result of the accident, he suffers $10,000 worth of damages (medical bills, lost income, pain and suffering, etc.). If Paul shares no blame in the accident, and is awarded $10,000, he would receive all $10,000. But imagine that Paul was texting while he was walking and wasn’t paying attention to any of his surroundings. Let’s say that he is found to be 20% at fault for the accident. In this scenario, his $10,000 would be reduced by his 20% fault and he would only receive $8,000.

Even if your case doesn’t make it to trial and you come to a settlement agreement with the other party, Tennessee’s comparative negligence rule will still play a factor. Your settlement offer will be reflective of your contributing fault towards the accident. That’s why it’s best to ensure that you have a strong case against the owner and/or manager of the property.

If you or a loved one has been injured in a slip and fall accident on someone else’s property, it’s best to seek immediate medical attention and call a qualified Tennessee personal injury attorney who specializes in slip and fall accidents as soon as possible.

Robert BatesRobert is a Kingsport trial lawyer who handles car, truck and motorcycle wreck cases across the Tri-Cities. Every client gets his cell number.