Author Archives: Jay Butchko
When Is a Property Owner Liable for Failing to Clear Ice or Snow Following a Storm?
The question of when a property owner is legally responsible for an accident that occurs on its premises is often difficult to answer. As a basic rule, Tennessee courts have said a premises owner must first have “actual or constructive” notice of a dangerous condition that actually exists on the property. To put this… Read More »
How Does Tennessee Law Protect Uninsured Accident Victims?
If you have been seriously injured in an accident, you may be faced with paying tens of thousands of dollars in medical bills, especially if you lack insurance. And even if you are able to recover some amount of damages in a personal injury claim against the person who caused your accident, that may… Read More »
Supreme Court Allows Personal Injury Lawsuit Against TVA to Proceed
Personal injury against government agencies are often complicated by the legal principle of “sovereign immunity.” Essentially, you cannot sue the government unless it consents, typically through legislation waiving the immunity. At the federal level, for example, the Federal Tort Claims Act (FTCA) allows victims of government employee negligence to file a personal injury claim,… Read More »
Is a Store Owner Liable for a Customer Injured Off-Premises?
It is not uncommon for personal injury claims to arise from a foreseeable injury that occurs on a business owner’s property. But what about a scenario where the injury occurs off-property but is in some way tied to the property owner’s failure to act? Does the injured victim still have a viable claim against… Read More »
Lawsuits Mounting Against E-Cigarettes and Juul
E-cigarettes have gained popularity in recent years with people looking for a “safe” alternative to traditional tobacco cigarettes. According to a recent report in Forbes, the U.S. e-cigarette market is currently worth an estimated $38 billion. But there are mounting concerns about the actual safety of these devices, and in particular their impact on… Read More »
3M Continues to Face Lawsuits Over Defective Military Earplugs
It is bad enough when consumers are injured by a defective consumer product. But it is exponentially worse when members of our armed forces–the very people we entrust to protect our life and liberty–suffer serious, long-term health problems as the result of a negligently designed or manufactured product. One such example of this is… Read More »
Louisiana Judge Clears Defective Hernia Mesh Lawsuit to Proceed
Surgical mesh is commonly used in hernia repair surgeries to reduce the chances of future complications for the patient. But in many cases, defective hernia mesh has actually caused complications. Throughout the country, thousands of lawsuits are now pending against the manufacturers of various hernia mesh products over these defects. Parietex Mesh Allegedly “Weak”… Read More »
Judge Declines to Throw Out $1.2 Million Pradaxa Verdict
Doctors often prescribe blood thinners, such as Pradaxa, to help prevent the formation of potentially deadly blood clots. Unfortunately, in recent years there have been an alarming number of reported side effects caused by Pradaxa, including uncontrolled bleeding, hemorrhages, and strokes. Many patients and their families have sued Pradaxa’s manufacturer, Boehringer Ingelheim Pharmaceuticals, Inc.,… Read More »
TN Hospital Accused of “Coercing” Expert Witness in Medical Malpractice Case
In some personal injury cases, notably those involving product liability or medical malpractice, expert testimony is often necessary to establish the defendant’s negligence. Indeed, in any health care liability case, Tennessee law requires the testimony of at least one qualified expert who can explain how the defendant deviated from the accepted “standard of care”… Read More »
ALN Faces IVC Filter Lawsuit Over “Failure to Warn” Patient
Every medical device manufacturer has a legal duty to warn doctors and patients of any known (or knowable) risk when using their products. Indeed, a failure to warn can put the patient’s life at risk–and lead to litigation. For example, thousands of lawsuits are currently pending throughout the country against the manufacturers of IVC… Read More »