Articles Posted in Premises Liability

Parking Lot’s ‘Open and Obvious’ Hazard Didn’t Automatically Prevent Injured Woman From Pursuing Tennessee Premises Liability Claim
Law Office of David S. Hagy, PLC

In any trip-and-fall, slip-and-fall, or other premises liability case, an important element of the case may involve the extent to which the hazard was “open and obvious.” A recent case originating in the Smoky Mountains highlights the extent to which a hazard’s open and obvious status does or does not undermine a plaintiff’s case. A…

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Tennessee Court Upholds $250K Damages Award for Grocery Store Customer Injured in Bathroom Fall
Law Office of David S. Hagy, PLC

Personal injury cases that do not involve large awards for medical expenses or loss of income (earning capacity) may nonetheless result in a substantial verdict. There are many steps to achieving a truly positive result in your personal injury case, but conveying the extent to which an injury or disability has affected your day-to-day life…

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Nursing Home Doorway’s Successful Inspections, Absence of Dangerous History Help Facility Avoid Liability for Visitor’s Injury
Law Office of David S. Hagy, PLC

The daughter of a nursing home patient sought unsuccessfully to hold her father’s facility liable for the injuries she suffered when a facility worker opened a door and injured her. The woman’s case fell apart after the nursing home showed that the doors in question had, over a period of several years, no history of…

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Lodge Visitor’s Fall Along Darkened Path Gives Rise to Premises Liability Suit Against Owner
Law Office of David S. Hagy, PLC

A recent Tennessee Court of Appeals case dispenses some important insight regarding premises liability cases. In Christian v. Ayers L.P., the court determined that a woman injured when she fell walking along an unlit walkway adjoining a lodge should be allowed to pursue her case against the lodge’s owner. The court observed that property owners…

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Tennessee Recreational Activity Exception Spares Landowner from Liability in Motorcycle Crash
Law Office of David S. Hagy, PLC

While visitors who suffer injury while present on the property of another person often have a reasonable chance of success in a legal action against the landowner for negligence or other misconduct, Tennessee law does construct some hard-and-fast protections for landlowners. One of those shields exists when the visitor becomes injured engaging in recreational activities…

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Tennessee Court of Appeals Held Owner of Parking Lot Owed No Duty of Care to Trip and Fall Plaintiff
Law Office of David S. Hagy, PLC

Business and property owners in Nashville have a duty to keep their facilities in a reasonably safe condition and to warn visitors of any dangerous hazards. A visitor who suffers an injury on another’s property may be able to bring a premises liability action against the property or business owner. If you or someone you…

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