Monthly Archives: August 2017
Do I Still Need to Prove Damages If the Other Driver Admits Liability?
In a car accident lawsuit, establishing liability may be fairly easy. For instance, when a car speeds through a red light and hits another vehicle legally in the intersection, it does not take a genius to figure out who is responsible. But even in personal injury cases where the defendant admits liability, the plaintiff… Read More »
When Does a Store Owe a Customer a “Duty of Care”?
In any kind of personal injury case based on negligence, a plaintiff must first prove the defendant owed him or her a “duty of care.” In the context of a car accident, for example, a driver has a duty of care to operate their vehicle in a safe manner. And with respect to premises… Read More »
Improperly Maintained Home Medical Equipment Can Be Fatal
Many Tennessee residents require ongoing, in-home medical care. When companies assume the responsibility of providing medical equipment for such patients, they are subject to the same negligence and product liability laws as any other manufacturer or distributor. Among other things, this means the company must ensure the equipment is setup properly and that patients… Read More »
Is a Tennessee Municipality Liable for Failing to Respond to a Suicide Threat?
A Massachusetts judge recently issued a landmark decision holding a woman criminally responsible for sending a series of text messages that encouraged her boyfriend to commit suicide. The judge said the defendant’s “reckless and wanton conduct” directly led to the young man’s death. Defense lawyers unsuccessfully argued the deceased was suicidal well before he… Read More »
Why Tennessee’s 1-Year Statute of Limitations in Personal Injury Cases Matters
All personal injury lawsuits in Tennessee must be filed within a certain time from the date of the original act that gave rise to the claim. This is known as the “statute of limitations.” Under Tennessee law, the statute of limitations is one year for most personal injury and medical malpractice claims. Court Dismisses… Read More »
Supreme Court Decision Jeopardizes Talcum Powder Lawsuits
In recent years, a growing body of evidence and court rulings have confirmed a link between the chronic use of talc-containing products, notably baby powder, and ovarian cancer. Johnson & Johnson, the main U.S. supplier of talcum powder, has already faced several jury verdicts ordering it to pay millions of dollars in damages to… Read More »
What Kind of Medical Errors Should Never Happen in a Hospital?
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 »
How the Passage of Time Can Affect Your Personal Injury Case
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 »
Tennessee District Attorneys Sue Opioid Manufacturers
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 »
Washington Update: Forced Arbitration Rule
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 »