Knowledge is a central component of any Tennessee negligence claim. In order for one party to be held liable for negligence toward a dangerous condition that leads to the injury of another, that party must have actual or constructive knowledge that the dangerous condition existed. This protects individuals from being held responsible for conditions or circumstances that they knew nothing about.
While defendants in a negligence case must have knowledge, they can’t use the knowledge requirement to shield themselves from liability. That is, they can’t remain willfully ignorant of a situation or circumstance so that they are not responsible for it. Instead, if they reasonably should have known, they can be held liable on that basis. A recent Tennessee Court of Appeals case looks at a circumstance where even reasonable efforts could not have discovered the danger that was alleged.
In this Tennessee premise liability case, O.J. sued Goodwill Industries after she was injured in an accident at one of their Tennessee stores. O.J. entered the store looking for furniture and noticed a plastic table and chairs sitting near a storefront. She moved the plastic chair and sat down on it in order to test it out. As she sat down, the chair collapsed, breaking and causing her to fall and hit her head. She sued Goodwill for her injuries, arguing that Goodwill had failed to reasonably inspect the structural strength of the chair and that, if it had, it would have known the chair was defective and should not have been placed on the store floor.