Author Archives: Brad Burnette
Tennessee Supreme Court Holds Rental Cars Are “Uninsured Motor Vehicles”
Last year we discussed a Tennessee Court of Appeals decision holding that uninsured motorist coverage was not available to a policyholder injured by the driver of a rental car. The Tennessee Supreme Court has now weighed in, reversing the Court of Appeals and reinstating the accident victim’s complaint. This is welcome news for all… Read More »
How Tennessee Medical Malpractice Laws Can Trap Victims
Medical malpractice law is full of traps that often ensnare unsuspecting victims. Unlike other types of personal injury claims, Tennessee forces plaintiffs accusing a health care provider of negligence to jump through a number of regulatory hoops. As a result, many malpractice victims (and their families) are effectively denied their day in court. Medical… Read More »
How Do You Collect a Personal Injury Judgment in Tennessee?
When you see a headline about someone winning a large personal injury judgment in court, you probably do not stop to think about how—or even if—the plaintiff actually collects damages from the defendant. A judgment, after all, is really nothing more than a piece of paper signed by a judge that says the plaintiff… Read More »
Can I Sue the City for Hazardous Conditions on Public Property?
When private property owners fail to correct a known dangerous or hazardous condition on their premises, they may be liable for any personal injury sustained by an innocent third party. A similar rule applies in Tennessee to property owned by state and local government agencies. While the government is normally immune from personal injury… Read More »
Justice Department Sues Bankrupt Tennessee Nursing Home Operator for Fraud
Too many elderly Tennessee residents are victims of nursing home abuse. While the majority of nursing homes provide quality care, an increasing number have come under scrutiny for negligence, malpractice, and outright abuse of residents. In recent years state and federal authorities have started to take the problem of nursing home abuse seriously, leading… Read More »
Bringing a Wrongful Death Claim in Tennessee
There is no amount of money that can compensate for losing a child. But when a child dies due to a third party’s negligence, the parents have a legal right to seek justice. In Tennessee, as in most states, the most common venue for such justice comes in the form of a wrongful death… Read More »
Samsung Faces Recall, Possible Liability Over Exploding Phone Batteries
Any company that sells consumer products has a legal and ethical responsibility to ensure said products are safe. When a defect is discovered, a recall is usually the first step. But it is not the last. Recalling and replacing dangerous products after-the-fact do little for individuals who are injured prior to the defect’s discovery…. Read More »
Can My Employer Reassign Me to a Lower-Paying Job to Avoid Workers’ Compensation?
The Tennessee workers’ compensation system is designed to protect employees who are unable to return to work following an on-the-job injury. One way the law protects employees is by awarding higher benefits in cases where the injured employee does not have a “meaningful return to work” following an accident. A “meaningful” return means, among… Read More »
What Happens If a Volunteer Is Injured While Working on My House?
Many of us enjoy doing our own home repair and home improvement projects. Some of us go so far as to build our own homes. If you take this course of action, it is important to be aware of the potential legal risks you might incur if you hire other people to assist you… Read More »
Can I Sue a Driver for Negligence If I Can’t Remember the Accident?
Following a car accident, it is important to take note of any evidence that may later help reconstruct events. If you are injured in the accident and need to file a personal injury lawsuit against a negligent driver, you will need to present evidence establishing the defendant’s culpability. Unfortunately, there may be cases where… Read More »
