Property owners in Tennessee have a duty of care to keep their premises safe for lawful visitors. When they fail in this duty, and someone gets hurt as a result, the injured person can hold the property owner financially accountable for their injuries, provided that the property owner knew or reasonably should have known about the hazard. Constructive notice is the legal term for the assumption of knowledge, as opposed to actual knowledge.
Actual Notice vs. Constructive Notice Under Tennessee Premises Liability Law
Actual vs. constructive notice in Tennessee can give a person injured by a hazardous condition on someone else’s property different theories to hold the property owner liable for the harm and loss in a successful premises liability claim.
A property owner may have actual notice of a dangerous condition if they created the condition, observed it, or learned about it from another party. Conversely, an owner may have constructive notice of a hazard if the hazard existed long enough that the owner should have discovered it by fulfilling a duty of inspection and maintenance under the law.
What Evidence Shows a Property Owner Knew or Should Have Known of a Hazard?
Proving notice in a Tennessee slip-and-fall claim takes considerable evidence, which can differ between cases involving claims of actual knowledge and those involving constructive knowledge.
Evidence of actual knowledge may include:
- Photographs or video evidence showing the owner creating the hazard or directly observing it
- Emails, text messages, or voicemails of the owner discussing the hazard, or witness testimony about the owner discussing it
- Reports or other written communications about the hazard sent to and received by the owner
Evidence to establish constructive notice in a premises liability case should show that a hazard existed long enough that a reasonable property owner should have discovered it. Such evidence may include:
- Photographic or video evidence documenting the existence of the hazard over a period of time
- Logs showing inadequate inspection or maintenance
- Documentary evidence or witness testimony of the recurring nature of the hazard
How Our East Tennessee Premises Liability Attorneys Handle Notice Issues
At The Terry Law Firm, our premises liability lawyers can help you address the element of notice in your injury case by:
- Explaining how to prove a property owner knew about a hazard so you understand what you will need for your case
- Investigating the accident to recover critical evidence, such as work records, photos, surveillance video, damage reports, and witness testimony
- Handling all communications with property or business owners and insurance companies to take the stress of the claims process off your shoulders
- Vigorously advocating for the compensation you need by arguing a case to prove that the property owner had actual or constructive notice of the hazard that injured you
Schedule a Free Case Review with The Terry Law Firm
If you’ve been hurt on someone else’s property in Tennessee, you need experienced legal help to hold them responsible in a premises liability claim. Contact The Terry Law Firm today for a free consultation with an experienced premises liability attorney to learn more about a Tennessee property owner’s duty to inspect for hazards and what that means for your right to seek financial compensation.