Author Archives: Brad Burnette
Can I Waive My Child’s Right to File a Personal Injury Lawsuit?
You can probably think of many times when a business has asked you to sign a “release” as a condition of receiving a service. Such releases are waivers of liability designed to protect the business, not you, in case something goes wrong. A release often includes a long list of terms and conditions designed… Read More »
Memphis Liable for Car Accident Caused by Police Officer
After a car accident, a negligent driver may offer all sorts of excuses to avoid responsibility. The driver may try and blame the victim or argue there was a “sudden emergency” that justified their reckless actions. But without evidence, such excuses will not hold up in court–even when they are made by a police… Read More »
FTC Cites Tennessee Used Car Dealer for Failing to Mention Recalls
Many car accidents are the result of dangerous or defective vehicles that have problems even the owners are not aware of. For example, a used car may seem safe because it does not have a history of prior accidents, but there may be a recall in effect to correct a known design or manufacturing… Read More »
Tennessee Court Says School Officials Are Not “Insurers” of Student Safety
In a typical personal injury or premises liability case, a property owner can be held responsible for injuries caused to third parties due to negligence. Unfortunately, Tennessee courts tend to hold public schools to much lower standards. In fact, a school district may be absolved of any liability even when one student sexually assaults… Read More »
First Personal Injury Lawsuits Filed Following Deadly Chattanooga Bus Accident
Every day thousands of Tennessee parents trust bus drivers to safely transport their kids to and from school. That is why people throughout the state reacted with horror on November 21, when a school bus carrying 37 Chattanooga-area elementary school students “slammed into a tree and split apart,” according to one news report. Six… Read More »
Why Expert Testimony Is Critical in Tennessee Medical Malpractice Cases
Medical malpractice cases are often the most difficult type of personal injury lawsuit to win in Tennessee because plaintiffs are held to strict requirements for presenting expert testimony. Such testimony is necessary to establish causation, that is a link between the defendant’s negligence and the plaintiff’s injuries. Many medical malpractice cases turn on whether… Read More »
Tennessee Court Rules Undocumented Immigrants Entitled to Full Workers’ Compensation Benefits
Workers’ compensation is supposed to protect employees who are injured on the job. If an employee who suffers a permanent partial disability fails to make a “meaningful return to work,” Tennessee workers’ compensation allows him or her to receive a higher award of benefits than if they are able to work again. The point… Read More »
Can My Employer Deny Workers’ Compensation Benefits If I Take Sleeping Pills?
In theory, workers’ compensation is supposed to provide “no-fault” benefits to employees injured on the job. But Tennessee law makes a special exception if the employee is found to have used drugs or alcohol prior to an accident. If an employer maintains a state-approved “drug free workplace” program, the employee may be denied workers’… Read More »
How Comparative Fault Affects Your Personal Injury Claim
Tennessee applies a comparative fault rule in personal injury cases. This means that if the plaintiff is “at least 50 percent” at fault for the underlying accident or injury, the defendant is not liable for any damages. Determining a plaintiff’s fault is therefore a key issue in many personal injury lawsuits. Cabin Owner May… Read More »
Third St. Louis Jury Finds Link Between Talcum Powder, Ovarian Cancer
Although Johnson & Johnson continues to deny that there is any connection between the use of its talcum powder and ovarian cancer, a third jury in St. Louis, Missouri, has disagreed and awarded a multi-million product liability judgment to a plaintiff who alleged such a link. Jury Awards $65M in Punitive Damages to Stage… Read More »
