Author Archives: John Willis
FDA Warning on Diabetes Drug Prompts Tennessee Lawsuit
Each year, dangerous drugs and defective medical devices injure thousands of Tennessee residents. When a pharmaceutical company releases a new drug into the market, it has a legal duty to ensure that product is safe and that consumers, most of whom lack sophisticated medical knowledge, are properly warned about any life-threatening side effects. Companies… Read More »
Report: Nursing Home Workers Illegally Posting Photos of Residents Online
Nursing homes are supposed to care for our loved ones in a professional and dignified manner. Unfortunately, there are many cases of nursing home abuse, which often go undiscovered until it’s too late. And one of the more bizarre forms of abuse to come to light in recent weeks is the exploitation of nursing… Read More »
Federal Regulators Announce Stricter Car Safety Ratings
More than 32,000 people die every year in car accidents, according to statistics from the National Highway Traffic Safety Administration. And in the first six months of 2015, the NHTSA noted a “troubling increase” of more than 8% in fatalities over those reported the previous year. U.S. Transportation Secretary Anthony Foxx, who oversees the… Read More »
Workers’ Compensation Under Attack from Big Business
The idea behind workers’ compensation is simple: When an employee is injured, or even killed, in a workplace accident, the employer agrees to pay a fixed amount of benefits. Workers’ compensation is thus supposed to provide a safety net for workers so they can receive compensation without having to fight their employer in court…. Read More »
Can I Bring a Personal Injury Lawsuit Against a Foreign Country?
Thousands of Tennessee residents travel abroad every year. But if you suffer a serious injury due to negligence while in another country, can you seek damages in a United States court? The Supreme Court recently addressed such a case, holding there is a high bar to personal injury lawsuits against business entities owned by… Read More »
How Industry Standards Apply to Product Liability Cases
There are many ways to prove negligence in a product liability case. For instance, a manufacturer can be held liable for “negligent design,” where there is a defect inherent in the property’s design. This does not mean, however, a product must be 100 percent safe or incapable of injuring someone. Rather, Tennessee courts look… Read More »
When Am I Entitled to Uninsured Motorist Benefits Following an Accident?
Uninsured motorist coverage provides benefits if you are injured in a car accident with another at-fault driver who lacks sufficient insurance. Most states, including Tennessee, require automobile insurance companies to offer a certain level of uninsured motorist coverage. But there are still many cases where the scope of uninsured motorist coverage may be unclear,… Read More »
Can I Recover Damages for a Speculative Injury?
In any type of personal injury litigation, such as health care liability or product liability, it is not enough for a plaintiff to establish the defendant was negligent. There must also be proof the defendant’s “act or omission” resulted in some measurable damage to the plaintiff. Tennessee courts may dismiss a plaintiff’s lawsuit if… Read More »
When Is a Parent or Guardian Liable for a Child’s Accident?
As a parent, you naturally worry your child may be hurt in a motor vehicle accident. And when such accidents do occur, you naturally want to hold someone responsible. However, Tennessee law often frustrates parental anger, especially when it comes to negligence and motor vehicles. Step-Grandmother Not Responsible for Teenager’s ATV Accident The Tennessee… Read More »
Preserving Evidence in a Product Liability Case
Many car accidents are the result of defects in the manufacturing of a vehicle or one of its components, such as a tire. Tennessee law allows a victim to sue the manufacturer—and in some cases, the seller—of a defective product. But it is essential to follow the law in bringing a product liability claim,… Read More »