Murfreesboro Trip and Fall Accident Lawyers
A raised section of sidewalk, broken pavement, damaged flooring, an unexpected step, or an object left in a walkway can turn an ordinary trip to a store, restaurant, apartment complex, or office into a serious injury. Unlike a slip, which typically causes a person’s feet to slide out from underneath them, a trip often sends the body suddenly forward, leaving little opportunity to protect against the impact.
When a dangerous property condition causes serious injuries, the Murfreesboro Trip and Fall Accident Lawyers at Weir & Kestner Injury Lawyers help injured people pursue compensation from the responsible property owner, business, or other party.
We understand that the real issue after a trip and fall is not simply why you fell. It is what the injury means for your health, your ability to work, your family, and your future. Our attorneys focus on securing the compensation our clients need to recover financially and move forward with their lives.
Dangerous Walking Surfaces Can Cause Serious Falls
Property owners and businesses should provide reasonably safe areas for customers, tenants, visitors, and others who lawfully use their property. When walking surfaces are poorly maintained or unexpected hazards are placed in someone’s path, a person can catch a foot and be thrown violently forward.
Common conditions associated with trip and fall accidents include:
- Cracked, broken, or uneven sidewalks
- Raised sections of concrete
- Potholes and damaged parking lots
- Uneven transitions between different flooring materials
- Loose or curled carpeting
- Broken or missing floor tiles
- Unexpected changes in floor elevation
- Unmarked steps or changes in level
- Extension cords or cables across walkways
- Boxes, merchandise, equipment, or debris in aisles
- Poorly maintained stairs
- Damaged curbs
- Inadequately maintained entrances and exits
A relatively small difference in elevation can be enough to catch someone’s shoe and cause a fall. The danger may be especially difficult to appreciate when a person is entering an unfamiliar property, carrying items, pushing a shopping cart, or simply walking where customers and visitors are expected to walk.
Property Owner Responsibility for Trip and Fall Accidents in Murfreesboro
Not every fall results in a valid premises liability claim. Tennessee law requires more than showing that a person was hurt on someone else’s property. The question is often whether a dangerous or defective condition existed and whether the property owner or another responsible party can legally be held accountable for it. Liability may arise when the owner or business created the dangerous condition or had actual or constructive notice of it and failed to take reasonable action.
Consider a damaged section of flooring that has gradually deteriorated in a frequently used customer area. If the condition existed long enough that a reasonably attentive business should have discovered and corrected it, an injured customer may have a claim even if no employee admits to having previously noticed the problem. Other cases involve hazards created directly by the business, such as merchandise, equipment, cords, or displays placed where customers are expected to walk.
The details differ from one case to another. What matters is establishing a legal basis for holding the responsible party accountable and then pursuing compensation that fairly reflects the harm the client has suffered.
Forward Falls Can Cause Significant Injuries
Trip and fall accidents can cause a distinctive pattern of injuries because people often fall forward. The instinctive response is to put out the hands and arms to break the fall, which can transfer tremendous force into the wrists, elbows, and shoulders. Injuries may include wrist and arm fractures, shoulder injuries, torn rotator cuffs, elbow injuries, knee injuries, facial fractures, dental injuries, and cuts or scarring.
Alternatively, a person who cannot brace for the impact might strike their face or head directly against the floor, pavement, shelving, furniture, or another hard surface. That can result in a concussion or more severe traumatic brain injury.
Trip and fall accidents can also cause neck and back injuries. In particularly serious cases, a fall can result in spinal cord damage or other permanent disabilities.
For some clients, the effects extend well beyond the initial medical treatment. A fractured wrist can interfere with someone’s ability to perform a hands-on occupation. A serious shoulder injury can make lifting impossible. A knee injury can affect a person’s ability to stand, walk, climb stairs, or return to physically demanding employment.
Those consequences matter when determining what constitutes fair compensation.
Pursuing Compensation for the Full Impact of an Injury
Insurance companies evaluate injury claims financially. An injured person experiences the case very differently. To the victim, the injury may mean surgery, months of physical therapy, missed paychecks, difficulty caring for children, interrupted plans, persistent pain, and uncertainty about whether life will ever return completely to normal.
Weir & Kestner works to make sure those consequences are not overlooked when pursuing a recovery. Depending on the circumstances, a trip and fall claim may include compensation for medical expenses, anticipated future medical treatment, lost wages, loss of future earning capacity, pain and suffering, permanent impairment, and other legally compensable losses.
The appropriate value of a case depends heavily on the nature and duration of the injuries. Someone who requires surgery and is left with permanent limitations generally has different losses than someone who makes a complete recovery after several weeks.
Our attorneys work to position each client’s case for the strongest recovery available rather than treating the claim as simply another file to be settled.
Disputes Over Fault in Trip and Fall Cases
Property owners and their insurers may try to place responsibility for a trip and fall on the injured person. They may argue that the person should have been watching more closely, should have noticed the elevation change, or could have walked around the hazard. In some cases, an insurer may characterize the condition as open and obvious and argue that the property owner should not be responsible.
These arguments can have significant financial consequences because Tennessee uses a modified comparative fault system. A person who bears some responsibility for an accident can potentially have compensation reduced according to their percentage of fault. Someone found 50% or more responsible generally cannot recover.
An allegation that you should have seen a hazard does not necessarily end the case. The circumstances matter, including the nature and location of the condition and whether it was reasonable to expect people using the property to encounter it.
Having an attorney who understands how insurers approach these disputes can be particularly valuable. Both partners at Weir & Kestner previously represented insurance companies and their insureds. That experience provided an inside understanding of how claims are valued, how defenses are developed, and how insurers attempt to limit what they pay.
They now put that knowledge to work for injured people.
Trip and Fall Accidents at Murfreesboro Businesses and Other Properties
Trip and fall injuries can occur almost anywhere people are invited or expected to walk. Claims may arise from accidents at shopping centers, grocery stores, department stores, restaurants, hotels, apartment complexes, entertainment venues, office buildings, parking lots, and other commercial properties.
Responsibility can become more complicated when multiple parties are involved. For example, a commercial property might be owned by one company, leased by another, and maintained by a separate property management or maintenance company. A dangerous sidewalk or parking lot condition may raise different issues than a hazard located inside a tenant’s individual business.
The appropriate party to pursue depends on the property arrangement and the circumstances of the accident. For the injured client, the ultimate objective remains the same: holding the legally responsible party accountable and pursuing the compensation available for the resulting harm.
Personal Attention From Your Rutherford County Law Firm
People recovering from significant injuries deserve more than occasional updates and difficulty reaching someone who knows their case. Weir & Kestner has built its practice around personal service. Every case has a dedicated case manager, giving clients a consistent person who knows what is happening with their claim. Clients also speak with a lawyer right away so their case receives appropriate legal attention from the outset.
Our roots in the community matter to us as well. Weir & Kestner is a Rutherford County personal injury firm that was born here rather than relocating or expanding into the community from somewhere else. When you hire our firm, you are working with a local team committed to helping injured people obtain meaningful results while providing the responsive, compassionate service they deserve along the way.
Frequently Asked Questions About Murfreesboro Trip and Fall Accidents
What is the difference between a trip and fall and a slip and fall?
A slip typically occurs when a person’s foot loses traction on a slick surface, while a trip generally occurs when a foot catches on an object, defect, or unexpected change in elevation. Both can support premises liability claims when a dangerous property condition and the responsible party’s negligence caused the injuries.
Can I bring a claim for tripping on a broken or uneven sidewalk?
Potentially. Responsibility can depend on who owns or controls the area, the nature of the defect, how the condition developed, and whether the responsible party knew or reasonably should have known about it. Claims involving public sidewalks or government property may also be subject to different legal requirements and deadlines.
What if I tripped over merchandise or equipment in a store aisle?
You may have a claim if the business created an unreasonable hazard by placing merchandise, boxes, equipment, cords, or other objects in an area customers were expected to use, or if staff failed to routinely inspect the premises and remove tripping hazards. Whether the placement was dangerous depends on the specific circumstances.
Can I still recover compensation if I did not see what caused me to trip?
Possibly. Not being able to identify the cause immediately does not automatically prevent a claim, although proving what caused the fall can be important. An attorney can evaluate the available information and determine whether there is a sufficient basis for pursuing the property owner or another responsible party.
Does it matter if I was partially responsible for my fall?
Yes, but partial responsibility does not necessarily prevent recovery. Under Tennessee’s modified comparative fault rules, compensation can be reduced according to an injured person’s percentage of fault. However, a person who is 50% or more at fault generally cannot recover damages.
Contact Weir & Kestner After a Murfreesboro Trip and Fall
A trip and fall injury can interfere with your health, your paycheck, your independence, and the activities that matter to you. When a negligent property owner or business is responsible, you deserve the opportunity to seek compensation for the full effect the injury has had on your life.
Weir & Kestner Injury Lawyers helps injured people in Murfreesboro and throughout Middle Tennessee pursue the financial recovery they deserve. You will receive personal attention from a local team that understands insurance companies and is committed to putting its clients first.
Contact Weir & Kestner today for a free consultation. You pay no attorney’s fee unless we win or secure a recovery on your behalf.