Author Archives: John Willis
Establishing a Defendant’s “Duty of Care” in a Negligence Case
In a personal injury lawsuit based on negligence, a plaintiff must prove that the defendant breached some “duty of care.” As a general rule, according to the Tennessee Supreme Court, when a person “assumes to act, even though gratuitously,” he or she “may thereby become subject to the duty of acting carefully,” and can… Read More »
When Is a Tennessee Worker Entitled to “Permanent Total Disability” Benefits?
Tennessee’s workers’ compensation system provides different levels of benefits depending on the extent of an employee’s injuries. In addition to covering your medical expenses arising from an on-the-job injury, workers’ compensation also entitles you to partial replacement of any lost wages. And in severe cases where an injury renders you unable to return to… Read More »
Are Retailers Liable Under Tennessee Law For Selling Defective Products?
The U.S. Consumer Product Safety Commission (CPSC) recently announced that Best Buy Co., which operates over 1,600 retail stores in Tennessee and throughout the United States, agreed to pay a $3.8 million “civil penalty” to settle allegations that the company illegally sold multiple dangerous and defective products after they were placed under manufacturer’s recalls…. Read More »
Tennessee Judge Dismisses Product Liability Claim Against Gun Manufacturer
In Tennessee, a product manufacturer can be held legally responsible for injuries caused by a defective product. The idea is that the manufacturer is in the “best position” to protect the public from any potential harm arising from the design or manufacture of its own products. But how does product liability work when the… Read More »
How Long Do I Have to File a Tennessee Workers’ Compensation Claim?
Tennessee workers’ compensation law allows employees to seek a “benefits review conference” (BRC) if their employer denies benefits for any reason. The burden is on the employee to seek a BRC by filing a “request for assistance” with the Tennessee Department of Labor. This is similar to a filing a complaint in order to… Read More »
Can I Be Blamed for My Doctor’s Malpractice?
Comparative fault is a common defense raised in Tennessee personal injury lawsuits. Basically, the defendant claims the plaintiff’s actions somehow contributed to his or her injury. In a car accident lawsuit, for example, a defendant accused of negligent driving might argue the plaintiff was also negligent and therefore at least partially responsible for the… Read More »
Is the Company That Hires a Delivery Truck Liable for an Accident?
Vicarious liability is a legal issue that often arises in the context of personal injury lawsuits. For example, if you are in a car accident caused by the other driver’s negligence, you may have a cause of action not only against the driver, but the person or company that owned the vehicle. In other… Read More »
Australian Mining Giant Sued Over Talcum Powder, Ovarian Cancer Link
The link between the use of talcum powder and ovarian cancer continues to draw international attention. Earlier this year, two separate plaintiffs in Missouri won multi-million damage awards against Johnson & Johnson, the leading U.S. distributor of talcum powder, which the company has long marketed as a feminine hygiene product. And now a new… Read More »
Tennessee Court Upholds $250,000 Judgment in Premises Liability Case
In a personal injury case, a victim’s damages are not necessarily limited to medical bills and other costs arising from the immediate physical injury. Damages may also be available for the long-term economic harm suffered by the victim, including any life changes arising from the original injury. Tennessee courts have long recognized the importance… Read More »
Appeals Court Throws Out $100,000 Judgment Against Knoxville Area Transit
Winning a personal injury verdict from a judge or jury is often just the first step in a long process of seeking compensation from a negligent party. The defendant almost always appeals such verdicts. And while appellate courts normally afford deference to the original fact-finders, there are cases where the reviewing judges may took… Read More »
