Deadly Shooting at The Park at Hermitage Apartments in Nashville, TN

apartment crime lawyer memphis tnCrime at Nashville, TN apartment complexes continues.

Just this week, a man was shot in the back at a pool at The Park at Hermitage Apartments near Old Hickory Boulevard, just south of Interstate 40, in Nashville, TN. According to the news we’re reading, witnesses say that two men wearing dark clothing and masks approached victims at the apartment’s pool. The gunmen tried to rob the group and shots were fired. According to News Channel 5 in Nashville, TN, the victim was taken to Vanderbilt University Medical Center with critical injuries.

Does the victim have a claim against the apartment complex where he got shot?

Maybe. There are many factors to consider. In Tennessee, apartment complex owners and managers must take reasonable measures to protect tenants and guests from foreseeable criminal attacks. Whether the victim would be able to recover against the The Park at Hermitage Apartments depends on a number of factors, including, but not limited to, the facts of how the incident occurred, security measures provided at the apartment complex, and crime levels for the apartment complex and surrounding neighborhood. According to the news report, 67 crimes have been reported within a half a mile of the apartment complex since the beginning of June.

Are you the victim of an apartment crime or apartment shooting? If so, call the apartment crime lawyer Nashville, TN knows and respects.

If you are the victim of a serious injury due to apartment crime, please call Wiseman Bray PLLC today at 901-372-5003. We’ve helped other crime victims like you, and we can help YOU recover your damages if apartment management failed to take reasonable measures to protect against foreseeable criminal attacks. Wiseman Bray PLLC is an apartment crime lawyer Nashville, TN knows and trusts. We will meet or speak with you and discuss whether you might have a case at no charge.  Call us today.

Waivers and Releases Do Not Eliminate Liability for Gross Negligence: Ask the Injury Lawyer

release of liability, call injury lawyer

Tennessee Law on Contracting Away Liability

Chances are you’ve signed a Waiver or Release of Liability. Maybe you were going whitewater rafting or visited an indoor trampoline or “bouncy house” park. Businesses providing recreational activities generally require you to sign a form with lots of fine print before you can participate. These forms generally absolve the business of liability if you get hurt. Is that legal? Yes.  But there’s one thing to remember: In Tennessee, a person or business cannot contract away liability for “gross negligence.” That’s why you need to consult with a personal injury lawyer if you are injured, but someone tells you they’re not responsible because you signed a Release or Waiver.

Tennessee law allows people to enter into contracts that say that ABC will not be liable and that XYZ is “assuming the risk,” including the risk that ABC might commit negligence.  However, the law says that such a contract will not protect ABC if ABC is guilty of gross negligence. Buckner v. Varner, 793 S.W.2d 939, 941 (Tenn. Ct. App.1990).

What is Gross Negligence?

What is gross negligence and how is it different from regular negligence?  Regular negligence is the failure to use ordinary or reasonable care.  Gross negligence involves a higher degree of “bad” conduct and callous indifference to consequences. That’s why Tennessee law won’t allow people to contract away liability for gross negligence.  However, it’s harder to prove that someone committed gross negligence. You have to show:

  • The person committed ordinary negligence, and
  • The person acted “with utter unconcern for the safety of others, or … with such a reckless disregard for the rights of others that a conscious indifference to consequences is implied . . .” Leatherwood Wadley, 121 S.W.3d 682, 693–94 (Tenn. Ct. App.2003).

Consult with an Injury Lawyer

If you are injured or hurt while participating in a recreational activity, you should consult with a personal injury lawyer. Don’t automatically assume that you can’t recover because you signed a Release or Waiver. A personal injury lawyer can examine the language of any form you signed and can advise you whether you might have a claim.

Need an Injury Lawyer? We can help.

Call Wiseman Bray PLLC at (901) 372-5003 or email us here.  Visit our website to learn more about us and our work. Offices in Memphis and Nashville.