Slip and fall accidents are common occurrences that can result in serious injuries, even when symptoms are not immediately apparent. Victims can seek damages from the owner or occupier of the property where the accident happened. However, a victim's own negligence can limit or even entirely bar their ability to recover compensation. In Tennessee, the modified comparative negligence rule determines the sharing of fault and of liability in such cases.

A slip and fall victim can be negligent in various ways. A person who is walking while distracted — perhaps by talking on their phone — may fail to notice hazards like a wet floor or an obstruction. Other examples include failing to heed a sign that warns about a wet floor or other potential hazard, or not exercising reasonable caution in an obviously dangerous area, such as a poorly lit staircase.

Under Tennessee’s comparative negligence rule, the fault for an accident is apportioned among all parties involved based on the extent to which their negligence contributed to the accident. For instance, If a victim is found to be 30 percent at fault due to not paying attention to their surroundings, while the property owner is found 70 percent at fault for failing to address a known hazard, the victim’s potential recovery would be reduced accordingly. This means that if the total damages amount to $100,000, the victim could only recover $70,000.

However, if the victim's degree of negligence is equal to or greater than 50 percent, they are barred from recovering any damages at all. It is thus in the property owner’s interest to attempt to shift blame to the injured party as much as possible.

An experienced slip and fall injury lawyer can make the case that the property owner’s negligence was the primary cause of the accident. The attorney can gather evidence, such as photographs, witness testimonies and maintenance records, to demonstrate that the property owner either knew or should have known about a dangerous condition, but failed to take appropriate actions to remedy it.

An attorney can counter claims that the victim was negligent by showing that the risk was unreasonable or not properly signposted, thus placing a greater burden of responsibility on the property owner. For instance, if a wet floor was left unattended without warning, the property owner's actions might be found to have directly contributed to the accident, regardless of the victim’s level of attentiveness.

A slip and fall victim may be entitled to recover compensation for medical expenses, lost current and future wages, pain and suffering, future medical care and other losses.

At Massengill, Caldwell & Coughlin, P.C., we work to obtain compensation for slip and fall accident victims residing throughout Bristol, Kingsport, Johnson City and the rest of Upper East Tennessee and Southwest Virginia. Call us at 423-797-6022 or contact us online to schedule a free initial consultation.