Author Archives: John Willis
Defective Road Conditions Pose Special Risk to Teenage Drivers
Teenage drivers are at a greater risk of death or injury in car accidents relative to drivers over the age of 20. According to the Insurance Institute for Highway Safety, there were over 2,700 motor vehicle deaths among people between the ages of 13 and 19 during 2015, the last year for which complete… Read More »
Establishing “Vicarious Liability” for a Tennessee Truck Accident
Determining who is responsible in a personal injury case is not always obvious. If you are in a car accident, for example, you certainly want to hold the negligent driver accountable. But if that driver was operating a vehicle owned by her employer, and she was performing a work-related task at the time of… Read More »
Is an Employer Liable for an Employee’s Acts Outside of Work?
Employers in Tennessee are vicariously liable for the negligent acts of their employees. Of course, that does not extend to everything an employee does. The negligent act must occur within the “course and scope” of employment. Check Dispute Leads to Off-Site Confrontation, Lawsuit A common example of vicarious liability is a delivery driver who… Read More »
Tennessee Court: Alleged Rape Is Not “Medical Malpractice”
The medical industry has done a good job convincing the public that it needs special protections from the legal system. In Tennessee, medical malpractice claims are treated differently than other kinds of personal injury cases. Among other things, malpractice victims must give special “pre-suit” notice to a negligent physician and submit an affidavit from… Read More »
Do I Really Need to Call an Attorney Following a Truck Accident?
Many people think they do not need a lawyer following a car accident. This often proves to be a serious error in judgment. Too many accident victims try to deal with the other driver and their insurance company on their own. And the results are often disastrous. Truck Accident Victim Tries to Undo $215… Read More »
Can I Be “Partially” Disabled Under Workers’ Compensation?
Workers’ compensation is one of the more complicated areas of personal injury law. One reason for this is benefits are classified based on the type of injury suffered and the employee’s projected ability to resume working. An employee may have a “permanent” injury that does not necessarily render them totally disabled. Court Rejects Delivery… Read More »
Can I Seek Punitive Damages in a Product Liability Case?
Product liability refers to consumer injuries caused by dangerous or defective products. A manufacturer or seller may be liable under Tennessee law for a defect in the design or manufacture of a product, or in failing to properly warn consumers about such defects. If successful, an injured consumer may recover monetary damages to compensate… Read More »
Is a Homeowner Responsible for a Deck Collapse?
An outside deck is a great place to relax with friends. But if a deck is poorly constructed, or the homeowner fails to keep it in a safe condition, the results can be tragic. A deck collapse may instantly injury or kill dozens of people. When that happens, the victims may pursue a personal… Read More »
Who Has the Right to File a Wrongful Death Lawsuit?
In most personal injury lawsuits, the plaintiff is the person who suffered an injury due to the defendant’s negligence. Sadly, there are cases where the victim died because of the defendant’s actions. When this occurs the right to sue for “wrongful death” passes under Tennessee law to the victim’s surviving spouse or next of… Read More »
How Do I Prove a Slip-and-Fall Injury?
One of the most common types of personal injury claims is the “slip-and-fall” accident. These are actually known as premises liability claims. The basic idea is that a property owner can be held liable under Tennessee law if they fail to repair a known dangerous condition on the premises. For example, if the manager… Read More »
