Articles Posted in Premises Liability

Where a plaintiff fell while leaving a raised booth in a restaurant, but video evidence showed that the plaintiff did not look down when exiting the booth, summary judgment based on causation and the plaintiff’s comparative fault was affirmed.

In Daniel v. Rick’s Barbeque, Inc., No. M2025-01009-COA-R3-CV (Tenn. Ct. App. May 6, 2026), the plaintiff dined at the defendant restaurant with members of her family. The booths at the restaurant were raised above the floor, and while there were warning signs visible when entering the booth, the tile was the same on both floor levels. In her deposition, the plaintiff admitted that she knew the booth was raised when she got into the booth. Upon exiting, however, she fell and broke her hip. She then filed this premises liability case, alleging that the raised booth with the same tiling at both levels was a dangerous condition that caused her to fall.

The defendant restaurant filed a motion for summary judgment, which the trial court granted. The trial court ruled that the plaintiff could not prove causation, and that the comparative fault of the plaintiff was 50% or more. The Court of Appeals agreed and affirmed summary judgment.

Where the plaintiffs had no evidence to support their claim that a parking space was negligently designed, summary judgment for the defendant was affirmed.

In Copeland v. SCG IV-Karch’s Crossing, LLC, No. E2025-01018-COA-R3-CV (Tenn. Ct. App. April 14, 2026), the plaintiffs were husband and wife. The wife drove the couple to a restaurant in a shopping center and parked in a handicapped parking spot, because the husband was disabled. While inside, the husband had one or two beers. It began to rain while the plaintiffs were inside. When the husband was getting back into the car, he fell and injured his ankle. According to the husband, there was significant water pooling in the parking space.

The plaintiffs filed this premises liability case against the owner of the shopping center, asserting that the handicap parking space was negligently designed because it was in a low spot in the parking lot, had insufficient drainage, and failed to comply with the ADA. The defendant moved for summary judgment, arguing that the plaintiffs could not establish that a dangerous condition existed, and that any alleged dangerous condition was open and obvious such that the husband was more at fault than the defendant. The evidence showed that the husband was 72-years old, and that he had fallen approximately five other times before the fall at issue. The testimony regarding when the rain began and ended was inconsistent, and while the husband stated that he drank one beer in the restaurant, the wife testified that he had two beers. The plaintiffs testified that at different times they saw a drain in the parking lot that appeared to be backed up. Based on this evidence, the trial court granted summary judgment to the defendant, and the Court of Appeals affirmed.

Dismissal based on the Recreational Use Statute was affirmed where the plaintiff tripped on an uneven sidewalk while camping at a state park.

In Thompson v. State of Tennessee, No. M2025-00518-COA-R3-CV (Tenn. Ct. App. Mar. 25, 2026), the plaintiff went to a state park to camp for the weekend. While walking on a sidewalk to the bathroom, the plaintiff tripped. The sidewalk was later determined to be uneven with the road at an intersection. According to a park ranger, the area had previously been painted yellow but the paint had faded.

The plaintiff filed this premises liability case with the Claims Commission, and the state filed a motion to dismiss based on the Tennessee Recreational Use Statute (TRUS). The Claims Commission found that the TRUS applied and granted dismissal, and the Court of Appeals affirmed.

A restaurant did not have a duty to clear ice and snow from its steps while a winter storm was ongoing.

In Broyles v. Herrin, No. M2024-00592-COA-R3-CV (Tenn. Ct. App. July 24, 2025), the plaintiff visited defendant restaurant during a winter storm. Snow and ice had been falling for approximately ten to thirty minutes before the plaintiff arrived at the restaurant, and snow and ice had accumulated on the steps. The plaintiff could see the accumulated precipitation, so he used the handrail as he climbed the restaurant steps, but he slipped and fell on an ice patch. This suit followed.

The plaintiff alleged that the defendant restaurant “caused his injuries by failing to remove snow and ice from the premises or by failing to follow proper procedures to protect him from the dangerous and unsafe condition.” The defendant moved for summary judgment, arguing that it owed no duty to “remove snow and ice from the premises during an ongoing winter storm.” The trial court agreed with the defendant, granting summary judgment, and the Court of Appeals affirmed.

The defendant city was immune from suit under the Tennessee Recreational Use Statute for the plaintiff’s personal injuries incurred while he was playing golf on a city golf course.

In Bates v. City of Chattanooga, No. E2024-00857-COA-R3-CV (Tenn. Ct. App. June 4, 2025), the plaintiff fell down steps while playing golf on a city golf course. He filed this personal injury suit, and the defendant city filed a motion for summary judgment pursuant to the Tennessee Recreational Use Statute (“TRUS”). The trial court granted the motion, ruling that golf was comparable to the activities listed in the TRUS and that no exception applied, and the Court of Appeals affirmed.

“The TRUS provides an affirmative defense to a landowner when a person is injured while engaging in a recreational activity on the landowner’s property.” (internal citation omitted). Tenn. Code Ann. § 70-7-102(a) includes a list of activities which qualify for immunity under the TRUS, specifically mentioning “hunting, fishing, …water sports, …hiking, sightseeing,…skeet and trap shooting, sporting clay, shooting sports, and target shooting, …off-road vehicle riding” and others. Based on the language of the statute, the Supreme Court has “stated that the list of activities under Section 102 is neither exclusive nor exhaustive,” and activities that are “comparable to those listed” are also included. (internal citation omitted). Various cases have found attending a concert in a park, swimming and diving in a pool, and playing on a playground to fall within the TRUS.

Where a premises liability plaintiff had no proof that a bench outside defendant restaurant was dangerous or defective, summary judgment for the defendant was affirmed.

In Ellis v. Snookums Steakhouse, LLC, No. W2024-01165-COA-R3-CV (Tenn. Ct. App. Mar. 11, 2025), the plaintiff ate at defendant restaurant before walking outside. When the plaintiff sat on a bench located outside, the bench “flipped or tilted from end to end.” The plaintiff did not look back when she was sitting down.

Based on this incident, the plaintiff filed this premises liability suit against the restaurant. The plaintiff emphasized that the bench had “new bolts in the holes in the metal to which the back would be fastened,” but that there was no back on the bench.

The Tennessee Supreme Court recently affirmed a premises liability judgment for the plaintiff based on an apartment complex failing to maintain a pedestrian bridge properly.

In Trentham v. Mid-America Apartments, LP, No. M2021-01511-SC-R11-CV, — S.W.3d — (Tenn. Jan. 8, 2025), the plaintiff was a tenant in the defendant’s apartment building. The plaintiff often used a wooden pedestrian bridge when traveling to and from the apartment fitness center. On the day of the plaintiff’s injury, it had rained the night before and was possibly still drizzling. The plaintiff attempted to cross the bridge after his workout when he slipped and fell. The plaintiff described the slippery substance that caused his fall as “slimy but clear” and “obviously not just water.” The plaintiff could not get up, even with the assistance of a maintenance employee, so an ambulance was called. The plaintiff suffered significant injuries to his left quadriceps tendon. The plaintiff required two surgeries, neither of which was successful, and he was left with permanent disability from the incident.

The plaintiff filed a premises liability suit against the defendant apartment owner, and the trial court ruled in the plaintiff’s favor. At trial, the plaintiff offered his own testimony as well as that of an expert. The plaintiff’s expert testified that, because the bridge was built with treated lumber, it would become slick if it was not maintained. Representatives from the defendant testified that there had been no previous issue with the bridge and that the premises had been inspected six days earlier. These representatives also stated that the company policy was to pressure wash communal areas such as the bridge once a year, but that there was no evidence this bridge had been pressure washed in the year preceding the plaintiff’s fall. The trial court found that the plaintiff had proven his negligence case, but it did assign the plaintiff 15% of the fault for the incident. The trial court awarded the plaintiff over $2 million in damages.

Where the decedent was an independent contractor who died when a lifting mechanism in the factory failed, there were questions of fact regarding whether the defendant company owed a duty to the decedent, so summary judgment for the defendant company was reversed.

In Lowe v. Bridgestone Americas Tire Operations, LLC, No. M2023-01774-COA-R3-CV (Tenn. Ct. App. Nov. 21, 2024), the decedent was employed by Cumberland Machine Company and worked as a millwright. Cumberland and the defendant were separate entities, but Cumberland had a space inside the defendant’s plant, which is where the decedent worked. The decedent’s job included clearing clogged vent holes in 2,000+ pound tire molds. While flipping a mold pursuant to the defendant’s process, the mold fell onto the decedent, seriously injuring him. The decedent later died of his injuries.

The decedent’s wife filed this premises liability/wrongful death case against the defendant. The defendant filed a motion for summary judgment, asserting that it owed no duty to the decedent and that the plaintiff’s exclusive remedy was workers’ compensation. While the trial court denied summary judgment based on the workers’ compensation argument, it agreed that the defendant owed no duty to the decedent. On appeal, summary judgment based on the lack of duty was reversed.

Where decedent was killed in a car accident that occurred when a driver on a city-controlled street was turning into defendant truck stop, the truck stop did not owe a duty of care to the decedent.

In Mershon v. HPT TA Properties Trust, No. M2023-01334-COA-R3-CV (Tenn. Ct. App. Oct. 11, 2024), plaintiff filed a wrongful death negligence action after her husband was killed in an accident. The decedent was driving a motorcycle when the driver of an SUV turned across the decedent’s lane to attempt to enter defendant truck stop’s parking lot. The entry in question was marked as being for semi-trucks, not passenger vehicles, and there was limited visibility due to a hill on the road.

Plaintiff alleged that defendant truck stop “created a hazardous condition by failing to display clearly visible signage at the ‘trucks only’ entrance of the TA truck stop directing passenger vehicles to the proper entrance located a short distance down Long Lane.” After an earlier dismissal was reversed on appeal, defendant filed a motion for summary judgment arguing that plaintiff could not show that defendant owed a duty. The trial court agreed, granting summary judgment, and the Court of Appeals affirmed.