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Tennessee Personal Injury Lawyer
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Monthly Archives: April 2020

MedMal2

The Critical Difference Between Ordinary Negligence and Medical Malpractice in Tennessee

By Fox Willis Burnette, PLLC |

Tennessee law distinguishes between ordinary negligence and medical malpractice. For example, if you are injured in a slip-and-fall accident while walking into a hospital lobby, you could sue the hospital for ordinary negligence. But if you were injured due to a mistake made by a doctor at the hospital who was treating you, that… Read More »

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SlipHotel

What Is the “Open and Obvious” Defense, and How Could It Affect My Personal Injury Lawsuit?

By Fox Willis Burnette, PLLC |

In personal injury cases dealing with premises liability, property owners will often deploy what is known as the “open and obvious” defense. Essentially, this defense states that the hazard that caused the plaintiff’s injury was so open and obvious, an average person would know to protect themselves. What actually qualifies as “open and obvious”… Read More »

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Fox, Willis and Burnette donate Blessing Boxes to local communities

By Fox Willis Burnette, PLLC |

Blessing Boxes have been around a while to house non-perishable food items donated and available to those in need. Leave what you can, take what you need. We didn’t invent this idea but we want to expand upon it in East Tennessee. We are excited to announce a new project we feel will help… Read More »

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CarHeadInjury

Recovering Damages for Evaluation and Diagnostic Services Following an Auto Accident

By Fox Willis Burnette, PLLC |

Proving a driver’s negligence is just one step towards recovering damages in a personal injury lawsuit. Another crucial step is actually proving there were damages. For example, the victim must show they actually required medical treatment as a result of the accident. In some cases, this can include the cost of evaluation and diagnostic… Read More »

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HandSanitizer

Class Action Filed Against Purell Manufacturer Over Allegedly Deceptive Health Claims

By Fox Willis Burnette, PLLC |

While business closures and unemployment continue to rock Tennessee as a result of the Covid-19 pandemic, some companies are continuing to profit. A recent story from Yahoo Finance highlighted the boom in sales of the hand sanitizer Purell, which is manufactured by the privately held GOJO Industries. Yahoo noted that retail stores are sold… Read More »

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CarAccident2

Can Multiple Uninsured Motorist Policies Cover the Same Car Accident?

By Fox Willis Burnette, PLLC |

Uninsured motorist (UM) benefits provide compensation for car accident victims when the person who actually caused the accident lacks sufficient insurance. In some cases, however, there may be multiple auto insurance policies–and thus, multiple UM provisions–that may cover a given accident. Does this mean the victim is entitled to recover benefits under all applicable… Read More »

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LegAdvice3

Pa. Judge Refuses to Dismiss Lawsuit Against Injectafer Manufacturers

By Fox Willis Burnette, PLLC |

A common legal tactic by manufacturers of dangerous or defective drugs is to argue that any product liability claim based on state law is barred by federal law. Essentially, since the U.S. Food and Drug Administration regulates the labeling and manufacture of drugs offered for sale, this should overrule or “preempt” any state personal… Read More »

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ECigg2

Mass. AG Alleges Juul Targeted “Young Children” with Television Ads

By Fox Willis Burnette, PLLC |

The legal battle over vaping centers on the marketing strategies of leading e-cigarette companies, notably Juul Labs, Inc. Juul has long presented itself to the public as a “technology company” attempting to help adults quit tobacco smoking. But this narrative has come under fire from legal and public health experts, who argue Juul’s real… Read More »

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Injured2

Comparative Fault: Why the Personal Injury Victim Is Also on Trial

By Fox Willis Burnette, PLLC |

When you file a personal injury lawsuit, you need to recognize that your own actions may become an issue at trial. Tennessee follows what is known as a “modified comparative fault” rule in personal injury cases. This means that a jury will apportion fault for an accident among all of the relevant parties, including… Read More »

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