Fox & Farley, Attorneys at Law

Recent Blog Posts

MedError

What Kind of Medical Errors Should Never Happen in a Hospital?

By John Willis |

Medical malpractice occurs in Tennessee whenever a physician, hospital, or other healthcare provider breaches a “standard of care,” i.e. the generally accepted practices for the profession, and the patient suffers an injury as a result. Sometimes the standard of care is defined in highly technical terms that are not easily understood by laypersons, including… Read More »

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SlipFall

How the Passage of Time Can Affect Your Personal Injury Case

By Brad Burnette |

One problem in many personal injury cases is recreating the actual scene of the accident. In a premises liability case, for example, the plaintiff needs to prove that there was some dangerous or defective condition on the property that caused their injury. But several years may elapse between the date of the accident and… Read More »

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ProdLiab2

Tennessee District Attorneys Sue Opioid Manufacturers

By John Willis |

Just a few weeks after Ohio’s attorney general filed a landmark lawsuit against the country’s major opioid manufacturers, three Tennessee district attorneys and the mother of a baby born addicted to the powerful painkillers have announced their own litigation. This new lawsuit, filed in Sullivan County, accuses two opioid producers of violating Tennessee’s Drug… Read More »

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Washington Update: Forced Arbitration Rule

By John Willis |

By Linda Lipsen, CEO, American Association for Justice July 25, 2017 The Consumer Financial Protection Bureau (CFPB) issued a new, but long-awaited, rule on July 10 to curb the use of forced arbitration clauses in certain financial contracts and restore the ability of Americans to file or join group lawsuits. The rule has been widely celebrated… Read More »

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LegalAdvice2

Can I Be Denied Workers’ Compensation Benefits Due to a Preexisting Condition?

By Brad Burnette |

In any personal injury case, it is essential to establish causation. In plain English, you need to prove your injury was the direct result of the defendant’s negligent act. If the defendant can prove that there was a preexisting condition or superseding cause of the plaintiff’s injury, it can escape liability regardless of its… Read More »

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CarSoftware

How Your Car’s Software Can Cause Serious Injury (or Death)

By John Willis |

As motor vehicles become more dependent on computer systems, drivers and passengers are increasingly at risk from software problems that may cause a critical system to fail. No computer system or program is perfect, but when car manufacturers fail to promptly identify and correct their software errors, the results can be deadly. A defective… Read More »

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Guardrail2

Defective Highway Guardrails Remain a Serious Risk for Tennessee Motorists

By Brad Burnette |

Car accidents are often the result of a dangerous or defective product, either something wrong with the vehicle itself or unsafe road conditions. For example, we recently discussed the known risks of defective guardrails to Tennessee motorists. As it turns out, the State of Tennessee recently settled a wrongful death lawsuit arising from one… Read More »

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Opioid

Five Major Opioid Manufacturers Face Lawsuit Over Addiction Crisis

By John Willis |

Opioid addiction has quickly become one of the most significant threats to public health in Tennessee. An April 2016 article in The Tennessean cited estimates from the U.S. Centers for Disease Control that found approximately 1 in 6 Tennessee residents–over 1 million people–were “in various stages of misuse, abuse, and treatment” related to opioids…. Read More »

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Compensation3

Can Tennessee Parents Sue Negligent Doctors for the Emotional Trauma of Watching Their Child Die?

By Brad Burnette |

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 »

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Pool3

New Federal Report Outlines Dangers of Pools and Spas to Children

By John Willis |

With the start of summer fast approaching, many Tennessee parents will soon be taking their children swimming. It is important for parents, as well as anyone operating a swimming pool or spa, to take water safety seriously. Each year an average of 5,900 children suffer non-fatal injuries–such as traumatic brain injury–due to drowning, according… Read More »

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