Premises Liability for Criminal Acts in Murfreesboro: When Is a Property Owner Responsible?

In Murfreesboro and across Tennessee, property owners have a legal responsibility to keep their premises reasonably safe—not just from obvious hazards like broken stairs or wet floors, but also against foreseeable criminal activity. The law recognizes that crime can happen, and in some cases, property owners must take preventive steps to protect lawful visitors. 

What Is Premises Liability?

Premises liability refers to a property owner’s—or occupier’s—legal duty to ensure visitors are safe from harm while on their property. Tennessee law applies a “reasonable person” standard: if harm could have been reasonably forecast and prevented, the owner may be liable. This can involve typical hazards (slips, trips, structural defects) and, in some cases, preventable crimes by third parties.

Traditional vs. Modern Duty Standard

While many states still differentiate between invitees, licensees, and trespassers, Tennessee has largely moved toward a single standard of “reasonable care” for all lawful visitors—emphasizing fairness, not visitor status.

Thus, whether you’re a tenant, customer, licensed guest, or invited visitor, the owner owes a reasonable duty of care.

When a Criminal Act Becomes the Property Owner’s Responsibility

Recognizing that not all crimes are preventable, Tennessee courts have carved out clear conditions under which a property owner can be held responsible for a criminal act:

• Foreseeability – Could the owner reasonably anticipate the danger?
• Notice – Did the owner have actual or constructive knowledge of crime risk?
• Reasonable Preventive Measures – Could they have taken feasible steps to mitigate it?

This legal balancing act comes from McClung v. Delta Square (1996), a landmark case that shifted how foreseeability is assessed.

Foreseeability: Context Matters

Tennessee law now requires courts to weigh the severity of potential harm against the burden on the owner to prevent it. A serious danger—even if somewhat unlikely—can still warrant mitigation if it poses significant harm.

Notice: Known or Should Have Known

Tennessee adopts a common-sense rule: if a property has experienced multiple similar crimes—or is located in a high-crime area—this suggests a duty to act. Lack of action under such circumstances can support a claim of negligence.

Reasonable Preventive Measures

Mitigation doesn’t mean hiring a security army—it means taking practical steps relative to the risk. Surveillance, lighting, access control, signs warning of risk, or trimming shrubbery may be appropriate depending on the level of risk.

Elements of a Premises Liability Claim in Criminal Context

To file a successful claim, a plaintiff typically needs to prove:

• Duty of Care – That the owner owed protection from criminal acts.
• Breach of Duty – That the owner failed to take reasonable precautions.
• Causation – The failure directly contributed to the crime.
• Damages – Demonstrable injury, emotional trauma, medical bills, lost wages, etc.

In Tennessee, courts decide whether a duty existed, while juries often determine whether the owner breached it or if the harm was reasonably foreseeable.

Defenses Property Owners May Use

Owners may defend claims by asserting alternative factors:

• Supervening/Superseding Cause – If the crime was unforeseeable and irregular, the claim may fail.
• Open and Obvious – When victims are warned through clear signage, the onus may shift to them to act cautiously.
• Comparative Fault – Tennessee allows reductions in damages if the victim’s own negligence contributed to the incident.

Each defense may temper or bar a claim depending on specific circumstances.

Extra Legal Doctrines That May Apply

Attractive Nuisance

Applies to dangerous conditions that unreasonably attract children—like pools or unsecured fire pits—and can overlap with negligent security.

Vicarious Liability

Property owners may be responsible for actions by their employees or independent contractors if negligence in hiring or supervision is proven.

What This Means for Murfreesboro Residents

• Growing community – Murfreesboro’s expanding developments bring convenience—but also increased security responsibility.
• Know the indicators – If crime is rising in your apartment complex, office park, or retail center, you may have grounds to explore a claim.
• Document everything – Keep crime logs, photos of hazardous conditions, maintenance requests, and any lack of response from property management.
• Seek experienced help – Law Office of Gritton & Gritton has three decades of experience in personal injury cases, serving Rutherford County residents from our Church Street office.

Tennessee Crime & Premises Liability: A Legal Landscape

Tennessee courts maintain a nuanced stance: not every crime leads to liability, but patterns of crime—when paired with lack of reasonable security—shift the balance toward duty. In McClung and related cases, the court emphasized proportionality: serious crimes in high-crime locations typically require stronger protective measures.

Owners should consider ongoing crime levels and adapt security (light, cameras, gates, patrols) accordingly.

Storage Summary Table

Avoiding Missteps

• You don’t need to be a legal expert—just gather what you can and consult an attorney.
• Statutes of limitations vary: for wrongful death, parents have one year; for other personal injuries, two years.
• Even non-fatal injuries can yield compensation for medical bills, emotional distress, lost income, and more.

Law Office of Gritton & Gritton: Your Local Premises Liability Advocates

• 30+ years of experience serving Rutherford County injury victims.
• Proven record in wrongful death, auto accidents, and criminal‑act injuries.
• Client-centered approach: No fees unless recovery is made; flexible to meet you on-site if needed.
• Bilingual service: “¡Sí, hablamos español!” for Spanish‑speaking clients.

If you or a loved one suffered harm due to inadequate security or criminal activity on someone else’s property, don’t wait. Time is critical. Reach out today to the Law Office of Gritton & Gritton for a free, no‑obligation consultation.

Call (615) 285‑5472 now to speak with our experienced team. Our dedication to local victims in Murfreesboro ensures you’ll be seen, heard, and effectively represented.

Disclaimer: This article is intended for informational purposes only and should not be taken as legal advice. Consult with a qualified attorney to discuss your specific situation.