Author Archives: Brad Burnette
When Is a Parts Manufacturer Responsible for a Fatal Injury in Tennessee?
Product liability lawsuits are often complex undertakings because they can involve multiple manufacturers. In a motor vehicle or industrial machine there can be hundreds–and potentially thousands–of individual parts. And even when you identify the individual part that is responsible for a personal injury, that does not automatically make the manufacturer liable as a matter… Read More »
Do Tennessee Courts Still Apply “Contributory Negligence”?
In 1992, the Tennessee Supreme Court ended its longstanding rule of “contributory negligence” in personal injury cases. Contributory negligence meant that a plaintiff could not recover any damages if he or she was found to have contributed, even in a small way, to the underlying accident. For example, if the defendant was driving drunk… Read More »
How Can You Prove Nursing Home Neglect Led to Your Loved One’s Death?
Too many elderly people in Tennessee are the victims of nursing home abuse and neglect. In many cases, nursing home personnel fail to follow proper protocols and the patient suffers–or even dies–as a result. Unfortunately, connecting such failures to actual patient harm can prove difficult when pursuing a personal injury or wrongful death claim… Read More »
Is Giving a Patient Coffee “Health Care” Under Tennessee Medical Malpractice Law?
Personal injury claims involving medical malpractice or nursing home abuse often revolve around what exactly constitutes “health care.” The reason this matters is that “health care liability” lawsuits in Tennessee are subject to different rules than claims for ordinary negligence, such as car accidents or premises liability. Many personal injury claims are summarily dismissed… Read More »
Can I Receive Tennessee Workers’ Compensation Benefits for PTSD?
Personal injury claims often focus on a victim’s physical injuries. But mental injuries are just as important. Indeed, psychological trauma can last for months or years after all physical injuries have been treated and healed. Even in the context of workers’ compensation cases, psychiatric injuries may be undervalued. Many employers will balk at an… Read More »
Does a “Sudden Emergency” in the Operating Room Justify Medical Malpractice?
In a personal injury lawsuit, the defendant may try to avoid liability by invoking the “sudden emergency” doctrine. Basically, if there is a “sudden and unexpected emergency” that requires the defendant to react without time to think, he or she is not responsible for the consequences of their actions, even if the result was… Read More »
Is an International Airline Liable If I Am Injured During the Flight?
Accidents can happen anywhere. But where the accident took place can affect your legal rights. For example, if you are injured in a car accident on Tennessee roads, there is no question that the state’s personal injury laws would govern any subsequent lawsuit you file against a negligent party. But what happens if the… Read More »
TN Supreme Court Revives Wrongful Death Lawsuit
In May 2016 we discussed an unfortunate ruling by the Tennessee Court of Appeals, which overturned a jury verdict. The victim’s husband had initially filed his complaint against the defendants without the assistance of a qualified personal injury attorney. Although he later obtained counsel, it was not until after the one-year statute of limitations… Read More »
Is Sexual Assault at Work Covered Under Workers’ Compensation?
Under normal circumstances, if you are injured on the job your employer is required to pay workers’ compensation benefits to compensate you for medical expenses and lost wages. Workers’ compensation in Tennessee is designed to be an “exclusive remedy”–i.e., you cannot file a separate personal injury lawsuit against your employer. But what if your… Read More »
When Is a Tennessee Stadium or Arena Liable for Patron Injuries?
Every year millions of people attend concerts and sporting events throughout Tennessee. As with any business open to the public, the operators of stadiums and arenas have a duty to keep their premises in reasonably safe condition–even with thousands of people trampling through the area in a short period of time. So if a… Read More »
