Property owners don’t automatically owe compensation to slip and fall victims. They’re only liable if they were negligent. 

The four basic elements of negligence include:

• Duty of care
• Breach of duty
• Causation, meaning that the breach directly caused the accident
• Damages, or losses

When a property owner allows you onto their premises, they assume a legal duty of care. The range of that duty depends on why you were visiting. Most slip and fall cases are based on accidents that occurred in some type of public space, like a grocery store, restaurant, shopping center, or even an airport. When you enter these types of premises, you’re classified as a business invitee.

Under Tennessee premises liability laws, these property owners have a duty to:

• Fix hazards in a reasonable amount of time
• Provide adequate warning about any dangerous property conditions
• Regularly inspect the property to find hidden or new dangers

Private property owners have a more limited duty of care when you’re invited onto their premises for social purposes. When you’re visiting for social purposes, you’re classified as a licensee. They do have a duty to warn you about non-obvious dangers that they know about.

Different types of evidence can be used to prove the owner, manager or responsible party breached their duty. We’ll search for video surveillance footage, interview employees and other witnesses and even evaluate the owner’s policies and procedures for inspecting and maintaining their premises.