Author Archives: Jay Butchko
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 »
Are Tennessee Store Owners Liable for Bathroom Slip-and-Fall Accidents?
Public restrooms are often not the best-maintained or cleanest of places. So it is not unusual when a slip-and-fall accident occurs due to a puddle of liquid on the floor. But when a patron of a public business is harmed in such an accident, do they have a viable personal injury claim against the… Read More »
Do Tennessee Medical Malpractice Rules Apply to Massage Therapists?
As we have discussed many times before, there are special procedures applicable to medical malpractice–or health care liability–claims under Tennessee law. Foremost among these special procedures is the requirement for plaintiffs to file an expert affidavit with their lawsuit. The expert must explain how the defendant healthcare provider deviated from the accepted “standard of… Read More »
Nashville Government Not Liable for Mysterious Playground Injury to Autistic Student
Many Tennessee children have special needs. Parents trust public schools to take such needs into account when providing necessary educational services. But when a special-needs child is injured while at school, does that mean the school district is automatically liable? The answer is “no.” Like any personal injury claim, an injured child–or more commonly,… Read More »
Can I Be Fined for Presenting an Incomplete Personal Injury Claim?
Filing a personal injury lawsuit is not something you rush into. It requires careful investigation and preparation. There are a number of legal and procedural hurdles that need to be cleared, and if a plaintiff acts rashly or without the assistance of qualified counsel, they may find themselves in a much worse situation then… Read More »
Can You Sue Another State in Tennessee Court Over a Car Accident?
Under normal circumstances, if a car accident takes place in Tennessee, then the injured party may seek remedy in a Tennessee court. But what about an accident that occurs on or near a border–say on a bridge connecting Tennessee and Arkansas. And to make things more interesting, what if the plaintiffs and the defendants… Read More »