To have a trip and fall case result in compensation, a person must establish that they were injured because of a known or created hazard. This can be especially difficult when filing a claim for injuries on public property. If you have injuries that were caused by tripping or slipping, contact the Law Office of David E. Gordon for experienced legal counsel from a slip and fall attorney.
A key element in establishing liability is duty of care. City governments have a duty of care to those residing in them, but the extent of this obligation is often limited. For example, sidewalks in certain areas are the property owner’s responsibility and not the city’s.
Public officials must keep streets, parks, libraries, et cetera in a safe condition. However, to be legally liable for a slip and fall incident in one of these public spaces, the injured person must establish that the city knew about the dangerous condition and did nothing about it. This is challenging to accomplish when there may be hundreds of acres of parkland under ownership. The sheer volume alone makes it almost impossible to provide evidence that the public authority would have had reasonable knowledge about the hazard.
Generally, an injured individual must establish that someone told the city about the condition unless the danger is so obvious that anyone would see it. However, if this is the case, it could also be argued that the person who fell should be largely responsible for their injury. This makes having the skilled guidance of a board-certified attorney like David E. Gordon vital to the success of a claim.
To file a claim against the state of Tennessee or any state entity like a university, the complaint is made to a special judicial body known as the Tennessee Claims Commission. The Tennessee Claims Commission has a group of judges who preside over their court system. Those judges are called commissioners and handle their cases like the civil courts that govern the rest of the claims in the state.
Filing a slip and fall lawsuit when an injury occurs in a public space owned by the city of Memphis or the County of Shelby is handled just like any other claim against a private person or business.
If you were recently hurt, you are probably facing many difficult questions. We can provide you with the legal guidance you need. If you have questions or need help filing a claim for slip and fall injuries on public property, contact the Law Office of David E. Gordon today to schedule a free consultation.