Author Archives: Jay Butchko
When “Common Sense” Is Not Enough to Legally Prove How an Accident Occurred
“Common sense” is not always compatible with Tennessee personal injury law. What we mean by that is you might be able to look at a given situation, say a car accident, and decide you know what must have happened based on your personal knowledge and experience. But when a case is tried in an… Read More »
Can I Sue the Negligent Driver’s Insurance Company Directly Following a Car Accident?
Tennessee is what is known as a “fault” state when it comes to auto accidents. So if you are injured in an accident due to another driver’s negligence, the driver who is at-fault must pay for your damages. From a practical standpoint, this usually means the negligent driver’s insurance company will pay you, up… Read More »
When Are Tennessee Stores Liable for Injuries Sustained by Disabled Customers?
If you have a disability that makes it difficult to get around, shopping in a public store is often an exercise in navigating potential hazards. And while Tennessee law does not make a store owner an “insurer of their patrons’ safety,” there is still a general duty to exercise “due care” in keeping customers… Read More »
Annual Report Details Wide Range of Defective Medical Device Claims Against Johnson & Johnson
Every day you probably see headlines in the news about another lawsuit involving a dangerous or defective medical device manufactured by a pharmaceutical company. But just how extensive are these lawsuits? And what role do government regulators play in holding these manufacturers accountable to the public? Thousands of Lawsuits Involving Opioids, Talcum Powder, and… Read More »
How Do I Bring a Claim Under My Uninsured Motorist Policy?
It is always a good idea to purchase uninsured motorist (UM) coverage as part of your auto insurance policy. As the name suggests, UM coverage provides for benefits in the event you are involved in a car accident with an uninsured or underinsured driver. UM coverage is particularly useful when you are the victim… Read More »
Is a Tennessee City Responsible When a Known Dangerous Pit Bull Attacks?
Every year thousands of Tennessee residents are injured by dog bites. Oftentimes, these injuries require serious–and expensive–medical attention. The legal question then becomes, Who can be held responsible in a personal injury action for such dog bites? Court of Appeals: “Public Duty” Doctrine Shields Memphis from Liability A recent decision by the Tennessee Court… Read More »
Idaho Judge Dismisses Fraudulent Misrepresentation Claim Against IVC Filter Manufacturer
When it comes to dangerous or defective medical devices, such as IVC filters, there are a number of state laws where a victim may be entitled to seek relief. Aside from claims arising from defects in the manufacture or design of the product itself, a pharmaceutical company may be liable in some states for… Read More »
What Happens When a Personal Injury Defendant “Takes the Fifth”?
One of the bedrock principles of American law is that a person cannot be compelled to testify against themselves in a criminal proceeding. The Fifth Amendment to the U.S. Constitution guarantees this right. But what happens when a defendant “takes the Fifth” in a civil trial, such as a personal injury lawsuit, that involves… Read More »
Ohio Judge Allows Opioid Lawsuit Against Insys to Proceed
The continuing opioid crisis raises a number of complicated legal issues. Every state, including Tennessee, has strict product liability laws. But prescription drugs, which include many popular opioids, are also subject to federal regulation. So what happens when an victim seeks to hold opioid manufacturers responsible under state laws that may conflict with federal… Read More »
Rhode Island Court Refuses to Dismiss Hernia Mesh Lawsuit Against Bard, Davol
There are a number of pending lawsuits throughout the country dealing with hernia mesh. These are surgical patches, sheets, and plugs used to help treat hernia patients. Unfortunately, many hernia mesh recipients learn years later develop complications that often require additional surgery or other medical treatment. Judge Rejects “Statute of Repose” Defense A legal… Read More »