Slip and Fall Attorney in Knoxville, Tennessee

Slips and falls are among the most common types of personal injury claims in Tennessee, and understanding the intricacies of the law governing these cases is essential for injured parties. Slip and fall accidents can result in serious injuries and significant financial burdens.

At Wykoff & Sikes, PLLC, we are experienced at handling slip and fall cases. Located in Knoxville, Tennessee, we serve clients in the surrounding area including Johnson City, Chattanooga, Crossville, and Sevierville.

Understanding Slip and Fall Cases

A slip and fall case occurs when an individual is injured due to slipping, tripping, or falling on someone else’s property. Common causes of these accidents include wet or slippery floors from spills, leaks, or cleaning; uneven surfaces such as cracked sidewalks or poorly maintained flooring; obstructions like items left in walkways or cluttered areas; poor lighting that obscures hazards; and weather conditions, such as ice, snow, or rain, which create slippery surfaces.

Legal Framework in Tennessee

In Tennessee, slip and fall claims fall under premises liability law, which holds property owners responsible for injuries occurring on their premises due to hazardous conditions. The legal principles guiding these claims include the ones below.

• Duty of care: Property owners have a duty to maintain their property in a reasonably safe condition and warn visitors of any known hazards.

• Breach of duty: A breach occurs when the property owner fails to address or mitigate dangerous conditions.

• Causation: The breach of duty must be the direct cause of the slip and fall accident.

• Damages: The injured party must prove that they suffered damages as a result of the accident.

How to Prove a Slip and Fall Claim

Establishing Liability

To succeed in a slip and fall claim, the injured party must establish liability by proving several key elements. First, they must demonstrate that a hazardous condition existed on the property. Next, they need to show that the property owner knew or should have known about the hazard.

Additionally, it must be proven that the property owner failed to take reasonable steps to address or warn about the hazard. Finally, it's essential to establish that the injury sustained was directly caused by the hazardous condition.

Types of Evidence

Gathering strong evidence is essential for substantiating claims for slips and falls. Key types of evidence include:

• Photographs capturing the accident scene, the hazardous condition, and any visible injuries

• Medical records detailing the injuries sustained, including diagnoses, treatments, and associated medical bills

• Witness testimonies from individuals who saw the accident or were aware of the hazardous condition

• Maintenance records documenting the property owner’s efforts to upkeep the premises and address potential hazards

• Incident reports filed at the time of the accident, which outline the circumstances of the fall

Comparative Fault in Tennessee

Tennessee follows a modified comparative fault rule, which means that an injured party’s recovery may be reduced if they're found to be partially at fault for the accident. Key points include the ones below.

• Percentage of fault: If the injured party is found to be partially at fault, their compensation is reduced in proportion to their percentage of fault.

• Threshold for recovery: If the injured party is found to be 50% or more at fault, they're barred from recovering damages.

The comparative fault rule can significantly impact slip and fall claims. Below are a couple of examples.

• Reduced compensation: If a plaintiff is found to be 20% at fault for their slip and fall, their damages award will be reduced by 20%.

• Defense strategy: Defendants may argue that the injured party’s own negligence contributed to the slips and falls, which can affect the outcome of the claim.

Common Defenses in Slip and Fall Cases

Lack of Notice

Property owners may defend against slip and fall claims by arguing that they weren't aware of the hazardous condition. To counter this defense, plaintiffs should take the steps below.

• Demonstrate knowledge: Provide evidence showing the property owner knew or should've known about the hazard.

• Show constructive notice: Argue that the hazard was present for a long enough time that the property owner should've discovered and addressed it to prevent slips and falls.

Open and Obvious Hazards

Another common defense is that the hazard was open and obvious, meaning it was visible and should have been avoided by the injured party. To counter this defense, your personal injury attorney may try one of these methods.

• Challenge visibility: Argue that the hazard wasn't as obvious as the property owner claims, possibly due to poor lighting or obstructing objects.

• Address reasonable care: Demonstrate that, even if the hazard was visible, the property owner failed to take reasonable steps to make the area safe.

Plaintiff’s Actions

Defendants may argue that the plaintiff’s own actions were the primary cause of the accident. To address this defense, your attorney may attempt these actions.

• Provide evidence of property conditions: Show that the hazardous condition was a significant factor in the accident, regardless of the plaintiff’s actions.

• Focus on property owner’s responsibility: Emphasize that property owners have a duty to address hazards, even if the plaintiff wasn't exercising perfect caution.

Legal Process for Filing a Slip and Fall Claim

1. Report the accident: Immediately after experiencing slips and falls, it's crucial to report the incident by notifying the property owner or manager as soon as possible. Additionally, documenting the scene is essential, so take photographs of the area and gather witness information if it's available.
   

2. Seek medical attention: Obtaining prompt medical treatment is crucial for documenting injuries and confirming they're properly linked to the slip and fall incident. It also provides the opportunity to receive appropriate care, which is essential for aiding recovery and preventing further complications.
   

3. File a claim: To file claims for slips and falls in Tennessee, seek legal advice from a personal injury attorney with experience in slip and fall cases. Compile all relevant evidence, including photographs, medical records, and witness statements. Submit a formal complaint to the court outlining your claims and the damages sought.
   

4. Negotiate a settlement: Before going to trial, many slips and falls cases are resolved through settlement negotiations. This process involves negotiating with the property owner’s insurance company to discuss potential settlement offers. It's also important to evaluate these offers with the assistance of an experienced premises liability attorney to make sure they adequately compensate for your injuries and damages.
   

5. Attend a trial: If a settlement can't be reached in a slips and falls case, the case may proceed to trial. During the trial, your personal injury attorney will present evidence and arguments to support your claim. The defendant will have the chance to cross-examine witnesses, challenge your evidence, and present their own case. Ultimately, the court will render a decision, which may involve awarding damages based on the evidence presented.

Types of Damages in Slip and Fall Cases

Economic Damages

Economic damages are intended to compensate for quantifiable financial losses, such as medical expenses, which cover the costs of treatment, surgeries, medications, and rehabilitation. They also address lost wages, representing income lost due to the inability to work while recovering from injuries. Additionally, economic damages may include compensation for future earnings if the injury impacts the individual's long-term earning capacity.

Non-Economic Damages

Non-economic damages are designed to address intangible losses, including pain and suffering, which compensate for both physical pain and emotional distress caused by the injury. They also cover loss of enjoyment of life, which reflects the impact on the injured party's quality of life and their ability to engage in activities they previously enjoyed. Additionally, non-economic damages account for emotional distress, providing compensation for the psychological effects such as anxiety, depression, or trauma resulting from the accident.

Contact a Slip and Falls Attorney

Slips and falls are a significant concern in personal injury law, and understanding the nuances of how these cases are handled in Tennessee is essential for injured parties. In Tennessee, slip and fall claims are governed by premises liability principles, which require proving that a hazardous condition existed, that the property owner knew or should have known about it, and that the hazard caused the injury.

If you've been injured after slipping and falling due to a property owner's negligence, reach out to our team at Wykoff & Sikes, PLLC today. We serve clients in Knoxville, Tennessee and the surrounding areas, including Johnson City, Chattanooga, Crossville, and Sevierville.