Negligence can arise in many different contexts – automobile accidents, medical malpractice, and even situations in which someone slips and falls on business premises. Slip and fall (or “premises liability” cases) are often hotly disputed, as the landowner typically seeks to avoid liability for the accident by casting blame on the injured party. However, some east Tennessee premises liability cases are successful, resulting in an award of monetary compensation to the plaintiff, so it is important to talk to a lawyer if you think you may have a claim.
Facts of the Case
In a recent case, the plaintiff was a visitor who reportedly slipped and fell in an icy parking lot at the defendant hospital. The plaintiff had been at the hospital for some 12 hours on the day of her fall (for the birth of a grandchild); at the time of her arrival, the parking lot appeared wet but did not contain snow or ice. As the plaintiff returned her car that evening, she walked between two parked vehicles, slipping on a patch of ice that had apparently refrozen during the evening hours and fracturing her patella.
According to the plaintiff’s allegations in her complaint against the defendant, the defendant was negligent because it failed to remedy the dangerous condition created by accumulated ice in its parking lot, insomuch as it did not take affirmative steps to prevent melted snow from refreezing prior to the time of the plaintiff’s fall. The defendant filed a motion for summary judgment, which the circuit court granted. The plaintiff appealed.