Tennessee Premises Liability Part 2: Attractive Nuisance and Playground Doctrines Further Explained

Welcome to American Law Café! This week, we’re tackling premises liability law in Tennessee, exploring key cases and principles that shape how courts balance the duties of landowners with the safety of visitors.

• Open and Obvious Doctrine: Cases like Coln v. City of Savannah and Vancleave v. Markowski show that visible hazards don’t automatically absolve landowners of liability. Instead, courts consider foreseeability, gravity of harm, and comparative fault to assess liability.
• Independent Contractors: Learn from Blair v. Campbell how contractors assume risks inherent to their work and why property owners aren’t liable for injuries sustained during contracted repairs.
• Policemen and Firemen’s Rule: Carson v. Headrick reinforces that first responders cannot recover for injuries stemming from ordinary negligence while performing their duties—except in cases of reckless or intentional harm.
• Recreational Use Immunity: In Bishop v. Beckner, we’ll discuss how Tennessee’s Recreational Use Statutes protect landowners from liability for injuries during recreational activities, except in cases of gross negligence or willful misconduct.
• Constructive Notice in Slip and Fall Cases: Ogle v. Winn-Dixie Greenville, Inc. emphasizes the importance of proving how long a hazard existed and the defendant’s failure to address it. Speculation is not enough to establish liability.
• General Principles of Premises Liability: We’ll wrap up with core principles, including the duty of reasonable care, the attractive nuisance doctrine, and how a visitor’s legal status influences a landowner’s responsibility.

Join us as we break down these cases and doctrines to understand how Tennessee courts balance landowners’ duties with the rights of those who enter their property. This episode is packed with legal insights and practical applications and we hope you enjoy it!

 Introductory Music for American Law Cafe. In Jazz Short by moodmode / Vlad Krotov.