Defendant's Attorney: Knoxville, Tennessee insurance defense lawyer represented the Defendant.

Description: Knoxville, Tennessee personal injury lawyer represented the Plaintiff who sued the Defendants on premises liability negligence theory.

This case was filed in the Knox County Circuit Court, 1-283-22, and was removed to federal court by the Defendant.

Tennessee premises liability law governs when a property owner or occupier can be held responsible for injuries that occur on their property. Here's a breakdown of the key aspects to help you understand your rights and potential legal options:

Duty of Care:

Invitees: The highest duty of care is owed to invitees, such as customers, business guests, and social guests invited for the owner's benefit. They must actively inspect for hazards and take reasonable steps to fix them.
Licensees: A lower duty of care is owed to licensees, such as social guests invited for their own benefit. Owners must warn of known dangers and avoid creating new ones through reckless acts.
Trespassers: Generally, owners owe no duty to trespassers unless:
They are aware of the trespasser's presence and fail to warn of hidden dangers.
They intentionally or recklessly injure them.
Their property has an "attractive nuisance" like a swimming pool that lures children.

Breach of Duty:

To succeed in a premises liability claim, you must prove the owner or occupier breached their duty of care, such as:

Failing to maintain the property in a safe condition (broken stairs, slippery floors, etc.).
Failing to warn of known dangers (unmarked construction zones, hidden potholes, etc.).
Creating a new hazard through their actions (leaving tools unattended, spilling liquids, etc.).

Proximate Cause:

The breach of duty must be the direct cause of your injury. In simpler terms, your injury wouldn't have happened but for the owner's negligence.

Damages:

If you can prove both breach of duty and proximate cause, you may be entitled to compensation for your losses, including:

Medical expenses
Lost wages
Pain and suffering
Emotional distress
Loss of enjoyment of life
Property damage

Unique aspects of Tennessee law:

Comparative negligence: Tennessee follows a modified comparative negligence system. This means your recoverable damages may be reduced by your percentage of fault, but not if you're more than 50% at fault.
Recreational Use Statute: This law provides limited liability for owners of land who allow the public to use their property for recreational purposes like hiking or fishing.
Statute of limitations: You generally have three years from the date of your injury to file a premises liability lawsuit in Tennessee.

Outcome: 01/18/2024 34 ORDER granting 33 parties' Joint Motion.This matter is DISMISSED WITH PREJUDICE.The Clerk is DIRECTED to CLOSE the case. Judgment Order will enter. Signed by District Judge Charles E Atchley, Jr on January 18, 2024. (SAC) (Entered: 01/18/2024)
01/18/2024 35 JUDGMENT ORDER re 34 Order on Motion.Signed by District Judge Charles E Atchley, Jr on January 18, 2024. (SAC)Judgment and Order mailed to Rodolfo CortesTorres Law Firm PLLC6906 Kingston PikeSuite 106Knoxville, 37919. (Entered: 01/18/2024)

Plaintiff's Experts:

Defendant's Experts:

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