Archive for the ‘Premises Liability’ Category
Thursday, April 7th, 2011
According to Lawyers USA, a Washington jury has returned a verdict of $46.4 million dollars in damages to three victims of a shooting spree in a Dennyâ€™s Restaurant.Â The verdict is the result of an individual who entered Dennyâ€™s Restaurant and insulted Dennyâ€™s patrons, throwing dishes to the floor and picking a fight and announcing that he was going to â€śsmoke someone.â€ťÂ Thirty seconds later he shot off eleven rounds striking a 28 year old bible college graduate causing serious and significant injuries including making him a quadriplegic.Â Two other individuals suffered only minor injuries.
According to the Plaintiffsâ€™ attorney, â€śWe sued for Dennyâ€™s failure to provide protection for its customers and employees against foreseeable, predictable, and regularly occurring violence during the late night shift, particularly Fridays and Saturdays.â€ťÂ After a four week trial, the jury returned the verdict in the amount of $46.4 dollars in damages to the three victims.Â Prior to the juryâ€™s verdict, the parties reached a settlement.
The law firm of Nahon, Saharovich and Trotz, PLC, also known as NST, is the largest Plaintiffsâ€™ law firm in Tennessee.Â NST has 28 lawyers, and handles cases against commercial establishments which do not provide reasonable security for their employees and customers.Â The attorneys at Nahon, Saharovich & Trotz pursue cases in which commercial establishments do not provide protection for their customers and employees against foreseeable and predictable acts of violence.Â Nahon, Saharovich & Trotz has the resources to pursue cases against commercial establishments such as restaurants and shopping centers who fail to provide adequate security causing serious harm to individuals. NST lawyers have experience with obtaining data to demonstrate the patterns of crime that existed in certain areas and thus placing a duty on a commercial establishment to provide security for its guests.Â The lawyers at NST attend seminars both locally and nationally to master the evolving trends in the law.
In proving inadequate security cases, the lawyers at Nahon, Saharovich & Trotz hire security experts to demonstrate that defendants had failed to proved adequate and reasonable protection for their employees and customers.Â If you or your family members have suffered a serious or significant accident as a result of the violent behavior of an individual at a shopping center or a restaurant, contact the attorneys at Nahon, Saharovich & Trotz, PLC at (901) 683-7000, or 1-877-683-7001, or at nstlaw.com.
Saturday, March 12th, 2011
In Charlotte, NC, a woman filed suit against a hotel, claiming that one of its bartenders served her a drink that made her dizzy, forced his way into her hotel room, and then raped her.Â The suit alleges that the hotel did not take adequate precautions to protect her from being raped because it either knew or should have known the bartender had acted like that in the past.Â The suit also alleges the hotel did not have sufficient security to protect guests, such as a video surveillance system in the hallways. The prevailing law in Tennessee for situations like these is that business owners can be liable for crimes that occur on their property and must protect customers from crimes it either knows or should have known are reasonably foreseeable against its patrons on its premises.Â For example, a business located in a high-crime area might be required to take extra steps to secure its premises from criminals.
The lawyers of Nahon, Saharovich, and Trotz (â€śNST Lawâ€ť) have been helping victims who have suffered injuries resulting from the negligence of others in Tennessee for over 20 years.Â Every day, people are robbed, raped, drugged, or assaulted while on the premises of another, and at NST, we do our best to ensure Tennessee businesses maintain safe locations and hold them accountable.Â The 28 lawyers of NST are dedicated to and have experience fighting for clients to receive maximum compensation for medical bills, loss of wages, and pain and suffering resulting from injuries.Â If you are injured from anotherâ€™s negligence in Tennessee, you need lawyers like the ones at NST who care about you personally and will fight for you.
If you have been injured as a result of someone elseâ€™s negligence, call NST atÂ (901) 683-7000.
Nahon, Saharovich, and Trotz is the largest plaintiffâ€™s law firm in Tennessee that helps victims of someone elseâ€™s negligence recover damages, representing clients in Memphis, Jackson, Knoxville, and all surrounding counties in Tennessee, as well as Jonesboro, Arkansas and Jackson, Mississippi. Our 28 lawyers have experience fighting for clients to receive maximum compensation, and if you are a victim of anotherâ€™s negligence, you need an experienced Tennessee crime victim attorney who has had success in these types of cases involving inadequate security.
At NST, we care about each of our clients and have the resources to help obtain the best possible results.Â Call NST today atÂ (901) 683-7000 and let our team go to work for you.
Tuesday, February 15th, 2011
Every year thousands of children suffer serious injury or wrongful death from dangerous conditions and hazards on othersâ€™ property. These children often are not invited onto the premises nor is the property generally held open to the public. However, it is highly foreseeable that certain types of man-made conditions or hazards may appeal to a childâ€™s curiosity with obvious examples including open trenches, swimming pools, scaffoldings and temporary structures. The general area of Tennessee law that governs injuries to children in such situations is premises liability law and more specifically the attractive nuisance doctrine. The basic idea is that because it is typically foreseeable that children may be drawn to such hazards and unable to appreciate the risk, a property owner may be liable for injuries to a child who wanders on a property and suffers injury or wrongful death caused by a man-made hazard. Nahon, Saharovich & Trotz has been representing Tennessee children who suffer serious injury and wrongful death from hazards on othersâ€™ property for over 20 years. Serious injuries to a child are particularly troubling because they can have a lifelong impact on a childâ€™s future and quality of life.
Tennessee premises liability law generally does not impose a significant duty on property owners to protect adults whom trespass on private property, such as, a person who is entering the property to take a shortcut or to snoop around. The only obligation owed to a trespasser is not to cause intentional injury. This effectively means that a Tennessee property owner is not liable for injuries to an adult who falls in a trench but would be liable if the trench was hidden under a cover designed to trap unsuspecting trespassers. By contrast, a property owner may be liable for injuries to a child that falls in a trench on the property even if it was open and obvious.
An attractive nuisance is an artificially constructed condition on property that both has a tendency to attract children and to pose a risk of injury. The key is that it is foreseeable that a child might be attracted to certain dangerous conditions but not possess the sophistication and maturity to appreciate the potential danger. Common examples of hazardous man-made conditions that may constitute an attractive nuisance include the following:
â€˘ Swimming pool
â€˘ Open trench, hole or ditch
â€˘ Piles of building materials
â€˘ Construction equipment or machinery
â€˘ Piles of lumber
This list is hardly exhaustive but provides a few examples of the types of hazards that may be considered an attractive nuisance. Generally, an attractive nuisance is a man-made hazard rather than a naturally occurring hazard like a pond or other natural part of the terrain.
Tennessee courts will typically engage in a balancing test considering a variety of factors when determining whether to impose liability for an attractive nuisance including the following.
â€˘ The ownerâ€™s knowledge of prior trespassing on the property
â€˘ Whether the type of risk is one that a child would understand and appreciate
â€˘ The magnitude of the risk
â€˘ The burden associated with eliminating the danger in light of the degree of risk posed to children
â€˘ Safeguards actually taken by the property owner to prevent injury to children from the hazard
Tennesseeâ€™s attractive nuisance doctrine is designed to protect children who innocently wonder onto property and are exposed to risks of injury that they may not be mature enough to understand. If your child has been injured by an attractive nuisance, the experienced premises liability attorneys at NST Law can help you receive the full compensation to which you may be legally entitled. Nahon, Saharovich & Trotz has offices in Memphis, Jackson and Knoxville, Tennessee; Jackson, Mississippi; and Jonesboro, Arkansas with the experience and resources necessary to fully investigate and help successfully resolve your Tennessee premises liability case. Nahon, Saharovich & Trotz, PLC is the largest plaintiffâ€™s law firm in Tennessee that helps injured people recover compensation due to someone elseâ€™s negligence. Call NST Law today for your free no obligation initial consultation with a Tennessee injury attorney at 1-800-LAW-4004 (1-800-529-4004) or visit us on the web at www.nstlaw.com. No matter where you are in Tennessee, Nahon, Saharovich & Trotz is just a phone call away.
Wednesday, December 15th, 2010
Inadequate security measures by property owners and managers can result in apartment residents and hotel guests being victims of violent crimes.Â It is tragic when an apartment resident, hotel guest or other business patron is the victim of a preventable violent crime.Â Tennessee premises liability law generally governs inadequate security cases.Â Under Tennessee premise liability law, an apartment tenant as well as a patron to a hotel or other business is classified as an invitee because the tenant has a mutually beneficial business relationship with the owner of the property.Â Because the owner of the property is in a much better position to have knowledge of past crimes on the property and in the vicinity, the owner has an obligation to take reasonable steps to protect tenants and business patrons through the exercise of ordinary care. Nahon, Saharovich & Trotz, PLC has been helping Tennessee violent crime victims recover against property owners for inadequate security for over 20 years.
Lawsuits involving inadequate security require extensive investigation and expert evaluation regarding the past criminal activity on the premises and crime patterns in the vicinity.Â It must be established that the past criminal activity in the area should have put the property owner on notice of the need for appropriate security measures.Â While the initial inquiry is whether prior criminal activity on the premises would have lead a reasonable property owner to implement security measures, the past criminal activity does not need to be particularly similar in terms of the type of criminal offense.
If the past criminal activity in the area is sufficient that a reasonable property owner should have seen the need to implement security measures, the question becomes whether the measures implemented were sufficient given the prior criminal activity.Â This is a fact-intensive inquiry that is likely to depend on the circumstances of the case.Â At NST Law, we have employed security industry experts with a law enforcement background to prepare expert reports and testimony regarding prior crimes and crime patterns in the area.Â Generally, the more serious and prevalent the prior criminal activity in the area the more security precautions that are appropriate.Â There is obviously a lot of gray area so it is important to have an experienced inadequate security lawyer that works closely with security industry experts.Â If a property owner has armed security patrols, locks on the doors, and adequate lighting, this will typically be deemed adequate.Â The security precautions taken by some property owners fall far short of such measures.
Inadequate security cases are tragic because the lives of crime victims are often permanently affected by criminal assaults that could have been prevented by an $8 per hour security guard. At Nahon, Saharovich & Trotz, we may utilize security experts to analyze crime patterns and security measures in place in light of the seriousness and frequency of past criminal activity in the area.Â The expert will also be able to recommend the appropriate types of inexpensive security measures that could have prevented the violent crime.
Nahon Saharovich Trotz has offices in Memphis, Jackson and Knoxville, Tennessee; Jackson, Mississippi; and Jonesboro, Arkansas with the experience and resources necessary to fully investigate and help successfully resolve your Tennessee inadequate security cases.Â Nahon, Saharovich & Trotz, PLC is the largest plaintiffâ€™s law firm in Tennessee that helps injured people recover compensation due to someone elseâ€™s negligence.Â Call us today for your free no obligation initial consultation at 1-800-LAW-4004 (1-800-529-4004) or visit us on the web at www.nstlaw.com. No matter where you are in Tennessee, we are just a phone call away.
Saturday, October 30th, 2010
Although Tennessee amusement park accidents are fairly rare, they often result in catastrophic injury when they occur leading to head, neck or back injuries and even death. Because amusement parks, carnival rides and water parks are most commonly enjoyed by children, the U.S. Consumer Product Safety Commission (CPSC) reports that over 50% of all amusement park injuries are suffered by children under the age of 14. It is also the case that amusement park injuries may be more common than many believe because there is no federal agency that oversees or reports theme park injuries and state reporting is also inconsistent. Nonetheless, each year nearly 10,000 people are treated in emergency rooms from amusement park injuries. The CPSC also reports that between 1987 and 2004, 67 people died in amusement park ride accidents and thousands more were injured each year.
Tennessee law generally does not specifically address carnival and amusement rides with the narrow exception of aerial rides and tramways. Common causes of amusement park and carnival ride accidents include mechanical failure as a result of defective or poorly maintained rides and facilities, negligent operation or supervision of rides and safety equipment, and inadequate maintenance, repair or assembly of amusement park rides.
Sometimes the actual rides or safety equipment like the doors, lap bars or shoulder harness can be defective and malfunction. If the equipment malfunctions because of a defect in the equipment, the manufacturer of the amusement park or carnival ride may be liable under a product liability theory.
When safety equipment or other parts of the ride malfunction because of failure to conduct routine safety checks or failure to properly supervise the ride, the owner of the amusement park facility may be liable for negligence if they failed to exercise the care of a reasonable prudent in similar circumstances to avoid the risk of harm. Tennessee implemented a mandatory inspection program for amusement park rides in 2009. Failure of an amusement park or carnival operator to comply with these state guidelines may provide evidence of negligent conduct.
Though there are a wide variety of injuries that can result from theme park accidents, common types of injuries include the following:
â€˘ Falls: Riders can fall or be thrown from a ride leading to a catastrophic injury and even death.
â€˘ Stroke: The violent jerking motion of high-speed roller coaster type rides can cause tears to the arteries in a riderâ€™s neck, which may lead to a stroke.
â€˘ Traumatic Brain Injury: A person riding a roller coaster can suffer a subdural hematoma (bleeding on the brain) because of the stress created on the veins in a riderâ€™s brain. A piece of equipment can also become dislodged and hit a rider in the head.
â€˘ Drowning: Drowning injuries can occur in water parks.
This represents only a small sampling of the type of serious injuries that can result from defective or poorly maintained amusement park ride or inadequate supervision by theme park employees. The attorneys of Nahon, Saharovich & Trotz have the experience and knowledge to handle serious injury claims resulting from amusement park accidents. If you or your loved one is seriously injured in an amusement park, carnival ride or water park, NST Law will help you obtain appropriate compensation.
Thursday, September 23rd, 2010
Children and adults alike associate summer with staying cool and having fun in swimming pools, but unfortunately, thousands of people suffer injuries in swimming pool accidents each year. Many of these accidents result in serious injuries including spinal chord injuries, traumatic brain injuries and even death. At Nahon, Sahrovich & Trotz, we have the expertise and experience to help you ensure that you or your loved one is compensated properly if he or she is injured in a Tennessee swimming pool accident. NST Law attorneys have been nationally recognized by Super Lawyers, which rates the top 5% of lawyers in the country.
There are many types of swimming pool accidents that lead to catastrophic injuries including those resulting from poorly maintained drains which lead to drowning or poorly designed or constructed pools leading to diving related injuries causing traumatic brain injury or spinal chord injuries. Children are the most common victims of swimming pool accidents with an estimated 350 children drowning each year and another 2600 being treated in near drowning accidents.
A common cause of drowning accidents is poorly designed, manufactured or maintained pool drains. Defective swimming pool drains can cause serious injuries to small children by trapping small children underwater. These defective pool drain accidents have caused children to be seriously injured or killed due to clothing or parts of their bodies being entrapped by the drain. In a correctly functioning pool or spa, the pool pump draws water from the pool through the drain causing suction to be created. When the suction of the pool drain is obstructed, the force of the suction can increase as the pump draws water past the cause of the obstruction. The increased force of the suction can trap a small child or person under water, which often leads to brain damage or drowning from lack of oxygen. There are even instances of children being disemboweled by defective or poorly maintained pool drains.
If the swimming pool accident is the result of faulty products such as a defective pool drain, a heater that explodes or a pump that causes electrocution, the injured party may have a product liability case. A product liability case may be brought against the manufacturer of the faulty product, a component manufacturer or parties involved in marketing the product. Other types of swimming pool accidents that may lead to products liability claims may involve defective life saving equipment, waterslides or flotation devices just to name a few.
Serious swimming pool injuries may also be caused by diving accidents that typically result from poorly designed or constructed swimming pools. The pool may be designed so that the diving board is placed in an area of the pool that is not deep enough. The pool may also appear to be deeper than it is and the depth of the pool may not be sufficiently marked. Diving injuries can result in very serious injuries to the head and neck, which may result in brain injuries, quadriplegia or even drowning.
Another common cause of swimming pool accidents is inadequate maintenance or carelessness. The legal term for such carelessness is negligence and generally describes a failure to exercise the care a reasonably prudent person would exercise under similar circumstances. Swimming pool accidents can occur because a landowner or possessor, which includes tenants as well as property management companies, does not keep the property or equipment in a reasonably safe condition. Young children are the most common victims of such pool accidents so a pool owner or operator has an obligation to take reasonable steps to make the premises safe. Precautions that may be involved to make a swimming pool safe may include the following:
â€˘ A fence surrounding the pool
â€˘ A gate latch that is beyond the reach of small children
â€˘ A pool cover to prevent children from falling in when the pool is not used
â€˘ Alarms that sense movement
Many pool accidents are a result of poor maintenance of the premises or equipment. Areas that are not properly maintained around the pool can lead to slip and fall accidents. Other types of maintenance issues that can lead to injuries include damaged life-saving equipment, a loose pool ladder or a broken fence or pool cover. If you or someone you love has been injured or died in a swimming pool accident, the attorneys of NST Law can help guide you through the legal process. The Tennessee premises liability attorneys of NST Law have been representing those injured through the negligence of others for years. Nahon, Saharovich & Trotz is the largest plaintiffâ€™s law firm in Tennessee that helps injured people recover compensation due to someone elseâ€™s negligence.
Saturday, April 10th, 2010
If you are injured when you are on someone elseâ€™s property, you may be able to seek compensation for your injuries from the person who â€ścontrolsâ€ť the property, typically the person who owns or has the right to possession of the property (hereinafter referred to as the â€śpremises ownerâ€ť).Â You may seek compensation regardless of whether the property is a neighborâ€™s home, commercial business or city sidewalk depending on the circumstances surrounding your injuries.Â Â Â An experienced Tennessee premises liability lawyer should know how to gather critical evidence of the premises ownerâ€™s knowledge of the dangers lurking on his or her property and how to make a compelling presentation to a judge or jury.
There are often complex questions regarding the â€śforseeabilityâ€ť of certain dangers that visitors encounter on a property, which may require an expertâ€™s analysis and testimony.Â At Nahon Saharovich & Trotz, PLC (â€śNST Law), we understand the importance of analyzing statistical data and employing expert testimony in to help ensure that our clientâ€™s are compensated or their injuries.Â At NST Law, we will carefully analyze the circumstances of your accident and rely on state of the art models, video reenactments and computer simulations in helping a judge or jury understand how you were injured and why you should be compensated for your injuries.
The body of Tennessee accident law that provides for the liability of a premises owner to someone injured on his or her premises is generally called â€śpremises liability.â€ťÂ What your Tennessee premises liability lawyer must show to establish liability of a premises owner for injuries you suffer while on the property depends on the reason for your visit.
A premises owner owes a different duty of care to those who visit their property depending on how a visitor is characterized.Â This classification system was the common law (judge made law) approach in Tennessee and remains the law in many states.
- Invitee: Basically, an invitee is someone who is on the property for some business purpose that is mutually beneficial to both parties.Â The person is said to have the implied or express consent of the premises owner to visit the property.Â A customer who visits a grocery store to buy groceries would be a typical example.Â Under Tennessee common law and the law of many states, a premises owner owes this type of visitor the highest duty of care.
- Licensee: A licensee is a social guest who visits your property.Â A visiting neighbor or friend would be an example of a licensee.Â The premises owner traditionally has an obligation to warn an invitee of risks of injury that the invitee would not likely discover on their own.Â If a premises owner knows that a step on the basement stairs is broken (but does not appear broken), the premises owner may be liable to a social guest who is injured by the broken step.Â Put another way, a premises owner is liable for injuries to social guests that result from â€ślatent defects,â€ť meaning defects that are not obvious to a reasonably observant person.
- Trespasser: A trespasser is a person who has neither an express or implied invitation to be on the property but instead is present for his or her own purposes rather than to perform any task for the owner.Â If the premises owner is unaware of a trespasserâ€™s presence, the owner typically has no duty to warn the trespasser of dangers or to make the premises safe for the trespasser. The premises owner is only obliged not to intentionally hurt an adult trespasser.Â A premises owner could be liable if she sets some kind of trap to catch someone pilfering from the premises, for example. But if someone were wandering around the property without permission and fell in a hole, the premises owner would ordinarily not be liable for his or her injuries.
If the trespasser is a child who is attracted by a dangerous condition on the property, such as, a deep hole or swimming pool, a premises owner may be liable under what is referred to as the â€śattractive nuisance doctrine.â€ťÂ This special case of liability for injury to a child does not apply to the terrain of the property.Â Tennessee premises liability law also has a special provision that relieves a property owner of liability if land is leased to the government for recreational use.
Tennessee has generally abandoned the common law distinction between the level of care owed to a licensee and an invitee.Â A uniform standard of care requires the exercise of reasonable care for the safety of visitors other than trespassers. To satisfy the reasonableness standard owed to invitees and licensees, a premises owner has a continuing duty to inspect the property to identify dangerous conditions and either repair them or post warnings as appropriate.
At NST Law, we have many years of experience representing those injured by property owners who fail to warn of a dangerous condition on his or her property or fail to make the property safe.Â The attorneys of NST Law have represented clients who were injured by natural or man-made conditions on a property and even injuries suffered by the intentional or criminal act of a third party.Â Often, the â€śforeseeabilityâ€ť of ones injuries will be a critical issue in these cases, especially where oneâ€™s injuries are caused by the intentional or criminal act of a third party.
The experienced premises liability attorneys of NST Law will carefully investigate to determine if there has been previous criminal activity in the area.Â Â Â We will typically use an expert to gather such evidence of past criminal activity in an area and testify regarding statistical evidence of crime in the area.
At NST Law, we understand that establishing that a premises owner should have known that his or her property was unsafe is usually a critical issue in establishing liability on behalf of someone who has been seriously injured or killed on the property.Â We routinely employ our skill and experience by using statistics and expert testimony to establish this knowledge, and computer simulations or other state of the art technological evidence to communicate this knowledge to a judge or jury.Â NST Law attorneys have been nationally recognized by Super Lawyers, which rates the top 5% of lawyers in the country.
Memphis, TN Office
488 South Mendenhall
Memphis, TN 38117
Jackson, TN Office
2709 North Highland Avenue
Jackson, Tennessee 38305
Phone: 731- 427-5550
Knoxville, TN Office
408 North Cedar Bluff Road
Knoxville, Tennessee 37923
Jackson, MS Office
460 Briarwood Drive
Jackson, Mississippi 39206
Jonesboro, AR Office
922 South Main Street
Jonesboro, Arkansas 72401