How does the court determine liability in a slip and fall case?

In Tennessee, the court determines liability in a slip and fall case by examining the facts of the case and determining whether the property owner was negligent. Negligence means the property owner failed to exercise a duty of care that is reasonable and necessary to maintain the safety of the premises. To prove a slip and fall case based on negligence, the injured party must show that the property owner had knowledge of the hazardous condition that caused the injury, or should have known of the condition due to the reasonable inspection of the property. In some cases, if the property owner knew of the hazard or should have known of it, then the court can find the property owner liable. The court can also determine liability if it is found that the property owner created the hazardous condition that caused the injury. The court can also find the property owner liable if it is found that the property owner failed to take prompt action to remedy the hazardous condition after learning of it. In some cases, the court can find the property owner liable if it can be established that the property owner invited persons onto the property and there was a foreseeable risk that injury could occur. If none of the above can be proven, then the court can find that the property owner is not liable for the injury.

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