What Happens if I Get Injured Because of Broken Stairs in Tennessee?

Falling down the stairs is no joke and can result in serious injuries and damage. If you were injured because of broken stairs on someone else’s property, understanding your legal rights and options is imperative. Read on and work with a knowledgeable Memphis premises liability lawyer for skilled counsel today.

Who is Legally Responsible for My Fall?

In Tennessee, property owners and occupants are required to exercise reasonable care to keep their premises safe. This includes monitoring and inspecting the property for hazards, performing preventative and ad hoc maintenance, and warning visitors of known dangers either verbally or through signage. Premises liability law requires that property owners provide a reasonably safe environment.

When a property owner fails to keep their premises free of hazards and someone is injured as a result, they can be held responsible for the resulting damages. For example, suppose that you recently moved into an apartment complex. There is a loose stair that residents have been complaining about to the landlord for several weeks, but no action has been taken to rectify the issue, and the area has not been roped off. If you trip on the loose stair and get hurt, your landlord can be considered liable for your injuries as they were negligent by failing to take prompt action to fix the hazard.

What Happens if I Get Injured Because of Broken Stairs in TN?

If you were injured because of broken stairs, it is important that you take immediate action. First of all, get medically evaluated as soon as possible to ensure you prioritize your physical safety and well-being.

If possible, begin collecting evidence directly from the scene of the accident. Take pictures and videos of the area, including the broken stair and any other hazardous conditions that could have contributed to your fall, as well as your injuries and anything else that could be relevant. If there were witnesses, gather their contact information.

You should consult with a skilled personal injury attorney who can evaluate the details of your situation and determine whether you have a valid claim. Set up a free consultation today with an experienced attorney at Ballin, Ballin and Fishman, PC.

What is Comparative Fault?

It is important to recognize that Tennessee follows a modified comparative fault or comparative negligence rule. This means that multiple parties can be assigned a portion of the blame after an accident and injury. However, even if you are found partly to blame, you can still recover compensation, given that you are not more at fault than the other party.

For example, consider the above scenario with the loose stair in your new apartment building. If you were texting while walking down the stairs or fooling around and acting recklessly, you could be considered partially responsible for your fall. However, as long as you are deemed less than 50% at fault, you can still recover damages. Keep in mind that the compensation you are entitled to will be reduced by the percentage you are considered liable.