Premises Liability

June 11, 2019

Tennessee Grocery Store’s Motion to Dismiss Shopper’s Recklessness Claim is Denied by Federal Court

Slip and fall accidents are common in grocery stores and supermarkets. In a Knoxville premises liability lawsuit arising from such an incident, the plaintiff has the burden of proof in establishing the defendant’s negligence. In order to prove negligence, the plaintiff must show that the defendant breached a duty of care that was owed to him or her and that he or she was injured as a proximate result.

In some cases, the plaintiff may alternatively allege that the defendant’s conduct rose to the level of recklessness – a more serious allegation that can possibly result in punitive damages. Not surprisingly, most defendants will staunchly resist such an allegation. It is the trial court’s job to determine whether or not the facts of a given case are such that a plaintiff’s recklessness claim may proceed.

Facts of the Case

In a recent case, the plaintiff was a man who filed a premises liability lawsuit against the defendant grocery store after he allegedly slipped and fell in water left behind by a floor-cleaning machine. In his complaint for compensatory and punitive damages, the plaintiff alleged that the defendant was both negligent and reckless. More specifically, he asserted that the defendant had used a machine that left water behind while it operated, that the defendant failed to schedule routine maintenance on its cleaning machines, that the defendant’s conduct created a hazardous condition that was not readily observable by its customers, that the defendant failed to post warnings about the dangers caused by the cleaning machine, that the defendant failed to develop or implement policies to prevent the risk of harm to customers, that the defendant had acted recklessly in failing to properly maintain its fleet of floor cleaners because the defendant routinely failed to replace the “squeegee” parts of the machines (which had a life of two to three months) until they were worn out and leaving water on the floor, and that the defendant was aware of – but consciously disregarded – the risk of injury. The defendant filed a motion to dismiss or strike the plaintiff’s punitive damages claims.

April 13, 2019

Federal Case for Negligence and Violation of OSHA Regulations Transferred from Ohio to Tennessee

by Mark Hartsoe

When someone is hurt by the negligence of a corporation, the injured person may have multiple options as to where to file his or her claim. Generally speaking, most such claims are filed in a state court in the county in which the accident occurred.

However, in some cases, the plaintiff may prefer that his or her claim be filed in federal court, providing that there is diversity of citizenship between the parties and that personal jurisdiction exists.

The defendant in a federal case may resist jurisdiction and/or venue for one reason or another. In such an event, the district court in which the action is initially filed must decide whether it does, in fact, have diversity jurisdiction over the case and whether venue is proper in that particular court.

July 25, 2018

Tennessee Court of Appeals Reverses Trial Court’s Assignment of 25% Fault in Slip and Fall Case to Teacher Who Fell in School Hallway

by Mark Hartsoe

A Knoxville or Maryville slip and fall accident can cause serious, debilitating injuries. Medical expenses can be considerable, and the plaintiff’s inability to work while he or she recovers can put a family into a financial hardship from which recovery is difficult.

If someone else’s negligence caused the fall, the plaintiff should consider speaking to an attorney about filing a lawsuit seeking compensation for what he or she has been through. As with other personal injury cases, time is of the essence.

Facts of the Case

In a recent appellate court case, the plaintiff was a middle school teacher employed by the defendant school system. In December 2014, she slipped and fell in the hallway outside her classroom. The floor had been mopped by the school’s custodians, but the teacher, who was in her classroom during the time they were mopping, was unaware that the hallway was wet. Although the custodians placed “wet floor” signs in the hallway, they placed them only on the the left side of the hallway, even though they mopped the entire hallway. At trial, the teacher testified that she did not see the signs. Continue reading

July 11, 2018

Trial Court Erred in Granting Summary Judgment in Premises Liability Case Involving Extension Cord, Says Tennessee Court of Appeals

by Mark Hartsoe

An east Tennessee premises liability case can arise from many different types of dangerous conditions – a slippery floor, a broken staircase, etc. In such cases, the plaintiff has the burden of proving liability.

This means that the plaintiff must provide evidence that shows that the defendant either knew of, or should have known of, the dangerous condition but did not take reasonable steps to remedy the situation.

Facts of the Case

In a recent premises liability case arising in Tipton County, the plaintiff was a construction worker who fell from scaffolding while working in a factory owned by the defendant. At the time of the accident, the plaintiff was working for a sub-contractor of a company that had been hired to renovate the defendant’s warehouse. The plaintiff was using an electric screw gun powered by a 100 foot extension cord. As the plaintiff was working with the screw gun, the defendant’s employees continued to move products around the warehouse using a forklift. The forklift driver apparently did not see the plaintiff or the extension cord and drove the forklift in such a manner that it became entangled with the cord. The plaintiff fell approximately 10 feet, causing him serious injuries. Continue reading

May 30, 2018

Summary Judgment for Homeowners in Caterer’s Slip and Fall Lawsuit Was Wrong, Says Tennessee Appeals Court

by Mark Hartsoe

When someone is hurt on another person’s property, the injured person may file a lawsuit seeking monetary compensation for lost wages, medical expenses, pain and suffering, and other damages. The burden of proof is always on the plaintiff in an east Tennessee slip and fall case, however, and being successful at trial can be a very challenging task.

A seasoned personal injury attorney can help the injured person navigate the difficulties and potential pitfalls of a premises liability case seeking compensation for injuries suffered in a fall or other accident on a landowner or business’ property.

Facts of the Case

March 28, 2018

Tennessee Court of Appeals Reverses Dismissal of Premises Liability Case with Unusually Complicated Procedural History

by Mark Hartsoe

Ideally, an east Tennessee personal injury lawsuit would proceed as follows: the plaintiff files the complaint, the defendant files an answer, the case is tried, a judgment is entered, and the case is over. Unfortunately, things do not always work out that way.

A case recently considered by the Tennessee Court of Appeals definitely did not proceed in the usual fashion. It involved two separation actions in general sessions court, two appeals to circuit court, and yet another appeal to the court of appeals. Perhaps not surprisingly, the case still isn’t over.

Facts of the Case

February 12, 2018

Tennessee Court of Appeals Reversed Trial Court’s Dismissal of Premises Liability Claim Against Defendants Who Had Previously Been Non-Suited

by Mark Hartsoe

When someone falls in a store or in another place of business, there may be multiple parties who could potentially be named as defendants – corporations, subsidiaries, parent companies, holding companies, land management companies… the list goes on and on.

When an east Tennessee premises liability lawsuit is filed against multiple defendants, some of those parties may be dismissed, either voluntarily as part of the plaintiff’s litigation strategy or by the trial court on motion of the defendant(s). In cases of a voluntary dismissal, the plaintiff may have the option of refiling the claim within a certain time period.

Additionally, when a defendant asserts fault by a non-party as part of a comparative fault defense, the plaintiff may be able to amend his or her complaint to add those individuals or businesses as party defendants.

December 27, 2017

School Bus Driver’s Slip and Fall Lawsuit Against City/County Government Survives Summary Judgment, Per Tennessee Court of Appeals

by Mark Hartsoe

Serious injuries can result from a fall on another party’s property – broken bones, sprains, strains, disc herniations, and other, sometimes permanently disabling medical problems can all occur when premises are not maintained in a reasonably safe condition.

In an east Tennessee premises liability lawsuit, a person injured on another party’s property may seek compensation for medical expenses, lost earnings, and pain and suffering caused by the fall.

However, the burden of proof in a slip and fall case is always on the plaintiff – the injured person – to prove his or her case by a preponderance of the evidence. Often, such cases fail for lack of proof, not because the defendant was not negligent but because the plaintiff was unable to provide competent evidence of the defendant’s breach of the duty of due care.

October 4, 2017

Federal District Court Denies Summary Judgment to Tennessee Sporting Goods Store After Customer Falls in Parking Lot

by Mark Hartsoe

Not every lawsuit is concluded by a jury’s verdict in favor of one party or another. While many cases are settled through an agreement between the parties, some are resolved via a legal proceeding known as a “motion for summary judgment.”

When a defendant files such a motion in a negligence case, including an East Tennessee slip and fall case, the argument is that, even if all of the factual disputes are resolved in the plaintiff’s favor, the defendant cannot be held liable. There is judicial economy in motions for summary judgment in that a case is resolved without the need for a jury to determine factual disagreements; however, a motion can only be granted if the opposing party could not win his or her case even if the jury found all of the factual disputes in his or her favor.

Facts of the Case

March 29, 2017

Federal District Court Denies Summary Judgment in Tennessee Woman’s Premises Liability Case Against Retail Store

by Mark Hartsoe

While Tennessee premises liability law imposes a general duty of care on landowners, including those who own retail stores, restaurants, and the like, proving fault in a particular case can sometimes be a difficult endeavor. This is because slip and fall, trip and fall, and fall-down lawsuits tend to be extremely fact-specific.

Two customers who suffer identical injuries could have very difficult outcomes, depending on the particular hazard that caused their accident, how that hazard came to be, how long it had been in existence, and whether any store employee was aware of – or, in the exercise of due diligence, should have been aware of – the dangerous condition that led to the customer’s injuries.