Can I sue my negligent Memphis, Tennessee apartment management company for punitive damages?

Punitive damages are available against Tennessee landlords and property owners only when their conduct is particularly egregious. While compensatory damages in Tennessee landlord negligence cases compensate an injured person for things like medical bills, lost wages, and pain and suffering, punitive damages exist for the purpose of punishing the defendant.

Under Tennessee law on punitive damages, the landlord or owner of the property must be found to have acted: 1) intentionally, 2) fraudulently, 3) maliciously, or 4) recklessly. For example, if your landlord refuses to fix a tenant’s broken smoke detector after repeated requests, you may be able to prove that his or her conduct was reckless. Further, the plaintiff must prove the landlord’s or property owner’s conduct by “clear and convincing” evidence, which is a higher burden of proof than is required to prove ordinary negligence.

Punitive damages play an important role in Tennessee premises liability cases. Punitive damages punish reckless property owners and they send a message to the community that reckless conduct will not be tolerated in Tennessee.

If you have a question about whether you may be entitled to punitive damages in a premises liability case, contact one of our experienced Shelby County landlord neglect lawyers today by calling 1-888-470-9143.