Why Are Slip and Fall Accident Claims Difficult to Prove?

slip and fall injured manSlip and fall accidents can cause serious harm; but establishing negligence may be difficult. Additionally, Tennessee laws may limit your ability to recover compensation for the full value of your damages.

Our Knoxville slip and fall lawyers discuss common challenges you may encounter while pursuing a slip and fall claim. If you have been injured in a slip, trip or fall accident, contact us to request a free, no-obligation consultation.

What Must Be Proven?

Tennessee law requires owners and tenants to reasonably maintain and inspect private property for various hazards to help prevent accidents from happening:

  • Wet flooring
  • Loose flooring and carpets
  • Uneven pavement
  • Blocked pathways or aisles
  • Poor lighting
  • Lack of handrails on staircases
  • Unmarked or unrestricted construction areas

If a dangerous condition is found, it is also the property owner’s duty to take reasonable steps to correct or fix the problem and notify visitors - verbally or with signage - about the potential hazards.

However, establishing an owner’s negligence can be challenging, because you must be able to prove the owner or tenant:

  • Caused, knew, or should have known about the hazard
  • Failed to mitigate or correct the dangerous condition

To help establish negligence, a slip and fall accident attorney will need to find out some additional information about the hazard that caused your accident, including:

  • How long did the known danger exist?
  • Was there a regular routine for inspecting or cleaning the area?
  • Is there a good explanation for why the hazard existed?
  • Were there any posted signs that you could have missed?
  • Was lighting sufficient for the area?

Proving a property owner was negligent is complicated, which is why we recommend you contact one of our qualified attorneys at Greg Coleman Law.

Can Tennessee’s Comparative Negligence Law Hurt My Claim?

In a state where there is a modified comparative negligence law, like Tennessee, how much fault you are assigned in an accident can determine whether or not you may be able to recover compensation for your damages:

  • If you are injured in an accident and assigned any amount of fault - up to 50 percent - you may pursue compensation for your injuries. However, your percentage of fault will be deducted from the final compensatory award. For example, if the final award is $100,000 and you are 20 percent liable, you will receive $80,000 (less the 20 percent).
  • If you are 51 percent or more at-fault, you may not recover any compensation for your damages.

Preserving Evidence from the Scene

Evidence retrieved at the scene of an accident may be helpful in proving that dangerous conditions existed and were the cause of your injuries. This could include:

  • A police or accident report, which helps to provide an “official record” of the incident
  • Eyewitness statements
  • Photos that document the hazard existed
  • Videotape or surveillance footage at the time of the accident
  • Emails, letters or other forms of communication indicating the property owner or tenant was aware of the danger and/or did not take steps to fix it

Contact Our Experienced Lawyers for Assistance

If you suffered an injury in a slip and fall accident, it is important to contact a licensed attorney who has experience helping slip and fall accident victims. The attorneys at Greg Coleman Law work tirelessly to investigate and gather evidence to build robust cases on behalf of Tennessee injury victims as we seek fair compensation for their damages.

Request a free review of your potential claim today. This meeting does not give you any obligation to hire us, but if you do, we do not charge fees unless we obtain compensation first.

Greg Coleman Law. Free Consultation. No upfront fees. (865) 247-0080