Tag Archives: Tennessee Personal Injury Attorney
TN Court Tosses $69,000 Car Accident Judgment
It’s a basic principle of personal injury law in Tennessee that if someone negligently causes a car accident, he or she is liable for the victim’s medical expenses. This includes the costs of treating a pre-existing injury aggravated by the accident. Of course, when there is evidence–or possible evidence–of a victim’s preexisting condition, the… Read More »
TN Court Holds State Liable for Full Amount of Accident Victims’ Medical Bills
Recently we discussed the Tennessee Supreme Court’s ruling on the application of the collateral source rule in personal injury cases. This rule comes up in cases where an injured plaintiff submits evidence of their medical expenses. Some defendants argue that the jury should only consider evidence of “unreimbursed” medical expenses–i.e., what the victim actually… Read More »
Is a Property Owner Liable for a Malfunctioning Automatic Door?
In personal injury claims brought against property owners, a plaintiff must prove the existence of a “dangerous or defective condition” that caused their injury. The condition itself must have been caused or created by the property owner, or the owner must have had actual or constructive notice of the condition. In this context, “constructive”… Read More »
Can Tennessee Parents Sue Negligent Doctors for the Emotional Trauma of Watching Their Child Die?
Negligent infliction of emotional distress (NEID) is a personal injury claim that is usually based on witnessing a traumatic event. For instance, if a mother and child are in a car accident caused by a drunk driver, and the mother watches the child die, she could sue the driver for negligent infliction of emotional… Read More »
Can I Bring a Wrongful Death Case Even if the Defendant Is Already in Jail?
When someone dies as the result of a criminal act, the public demands justice. Police investigate and arrest a suspect. The defendant is then formally charged and tried in criminal court. If convicted, the defendant is sentenced to prison. But where does all this leave the family of the victim? And what if the… Read More »
Can Holiday Decorations Create a “Dangerous Condition” Under Tennessee Law?
A personal injury claim based on premises liability generally hinges on whether or not there was a “dangerous condition” the property owner knew about and failed to correct, to the detriment of the injured plaintiff. Sometimes a dangerous condition is easily defined. But other cases require courts to make judgment calls on what a… 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 »
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 »
Greene County Ferris Wheel Accident Highlights Safety Risks of Amusement Rides
During the summer months many Tennessee parents took their children to fairs and amusement parks looking for a good time. In particular, children enjoy amusement rides such as ferris wheels and roller coasters. But such rides can also pose a significant risk to the health and safety of children—as demonstrated in one recent tragic… Read More »
When Is a Tennessee Business Liable for the Death of an Independent Contractor
Every Tennessee business owner owes a basic “duty of care” to individuals they invite onto their property. This includes not only customers but also independent contractors performed to work on the premises. But that does not automatically mean a business owner is liable for every personal injury that occurs on their property. Tennessee Court… Read More »
