Tennessee Slip and Fall Cases Method of Operation Theory
Under Tennessee premises liability law, defendant storekeepers are not insurers of their patron’s safety. Indeed, the opposite view would unfairly expose an otherwise diligent shopkeeper to unlimited liability. Therefore, to be held liable for an injury resulting from a Tennessee slip and fall accident, the shopkeeper must have actual or “constructive knowledge” of a slippery condition. This means that the defendant either knew or should have known of the hazard prior to the injury’s occurrence.
Trying to figure out what somebody actually knew, however, can be an impossible task. It can also be difficult to find evidence that the defendant had constructive knowledge. To prove the defendant should have known of a hazard, the plaintiff often has to show how long the slippery condition had existed prior to injury or the proximity of an employee to the hazard.
But, is this fair where the shopkeeper or an employee directly creates a dangerous condition in the store such as to make it reasonably foreseeable that the acts of third parties will create a dangerous condition or defect? For example, one would think a shopkeeper is not liable for falls that occur in a parking lot due to another customer’s oil-leaking car. But, what if the store owner routinely allowed delivery trucks to park in front of the store and the trucks were known to leak oil? Should the unwary customer in that situation be left without a remedy where the shopkeeper has negligently permitted a slip and fall hazard to be created by another?
Well, the Tennessee Supreme court recently said no in Blair v. West Town Mall. Adopting what is called the “method of operation” theory, the Court held that in premises liability cases, a plaintiff “may attempt to establish constructive notice of the presence of a dangerous condition by showing a pattern of conduct, a recurring incident, or a general or continuing condition indicating the dangerous condition's existence.” In other words, shopkeepers may be responsible under strict liability tort in Tennessee for a method of operation that creates a reasonably foreseeable slip and fall hazard.
Just because no one was there to see you fall doesn’t mean you’re out of luck. A shopkeeper has a duty to exercise reasonable care under all the circumstances. If the shopkeeper knows that other customers or employees have created risks that are preventable, he may indeed be liable to you for your injuries.
If you’ve been injured in a Tennessee slip and fall accident, call 866-853-2888 to speak with one of Baker Associates’ skilled personal injury attorneys in Gatlinburg.
