Articles & Publications
Successful Appeal in Premises Liability Case
Jan 14, 2015
On January 7, 2015, Attorneys Tom Williams and Jim Exum obtained a favorable ruling from the Tennessee Court of Appeals in a premises liability case. The Court held that a business owner was not responsible, absent a special relationship, for what happens to a former patron after they leave the business premises.
This case stems from a Christmas Eve shooting at a nightclub in Chattanooga, Tennessee on December 24, 2011. Inside the club, around midnight, there was an alleged scuffle between some of the club patrons. The business owners, out of an abundance of caution and consideration for the safety of the patrons, ended the party and required the patrons to leave the premises. The patrons were sent out the backdoor of the club. Without warning, waiting assailants began shooting into the crowd. Approximately nine people were wounded, and suit was filed on behalf of five of the individuals against the club owner and the owner of the building.
The responding defendants filed a Motion to Dismiss for Failure to State a Claim as the injuries to the club patrons occurred off of the club premises. The Trial Court denied the Motion to Dismiss, and the parties filed for an Interlocutory Appeal to the Tennessee Court of Appeals. The Tennessee Court of Appeals granted permission to review.
The Tennessee Court of Appeals held that a business owner would not be responsible for injury to its former customer after that customer left the business premises. In this case, the plaintiffs were only steps away from the backdoor of the business when they were injured. The Tennessee Court of Appeals did not find the existence of a special relationship and, therefore, determined that the club owed no duty to the plaintiffs for the sustained injuries once off the business premises.
Here is a link to the case: http://www.tsc.state.tn.us/sites/default/files/akridge.pdf
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