Author Archives: Jay Butchko
How Tennessee’s Agritourism Law Affects the Legal Rights of Accident Victims
There are many car accidents where more than one party may be at fault. This is why Tennessee’s comparative fault rules require a jury to apportion liability among all responsible parties. This can pose a problem for a victim, however, if one or more of these parties are not actually part of the lawsuit–and… Read More »
Should the Owners of Opioid Manufacturers Face Criminal Charges?
There are a growing number of lawsuits against the manufacturers and distributors of prescription opioids. These dangerous drug cases focus on the role these companies played in triggering the current opioid addiction crisis here in Tennessee and around the country. And public official in some municipalities want to go a step further and pursue… Read More »
Why Buying Auto Insurance Immediately Following an Accident Is Not the Smartest Move
If you are injured in a car accident, your ability to recover damages often depends on whether or not the negligent driver was properly insured at the time of the crash. Obviously, Tennessee law requires all drivers to carry a certain amount of auto insurance coverage. But not every driver complies with this rule–just… Read More »
New Jersey AG Sues Opioid Manufacturer for Deceiving Consumers
As the nationwide opioid crisis continues to claim more victims, state law enforcement officials are increasing their efforts to hold negligent pharmaceutical companies accountable. On November 13, New Jersey Attorney General Gurbir S. Grewal filed a lawsuit against Janssen Pharmaceuticals, Inc., the Johnson & Johnson subsidiary responsible for selling a number of popular opioid… Read More »
New Federal Rules Might Lead to More Truck Accidents
Trucking accidents can be devastating for other drivers and passengers on the road. A commercial semi-truck may weigh upwards of 80,000 pounds, which means it can do serious damages if not operated properly. Unfortunately, many commercial truck drivers are under enormous financial pressure to stay on the road as long as possible–which can lead… Read More »
Court of Appeals Reinstates Wrongful Death Lawsuit Arising from Fatal Motorcycle Accident
A personal injury case must be rooted in the defendant’s failure to meet a “duty of care” owed to the plaintiff. For example, all motorists owe a duty of care to the other drivers on the road to obey traffic laws and not drive in a reckless manner. But establishing a duty of care… Read More »
CPSC Fines Costco $3.85 for Selling Defective Trash Cans
There are many everyday products that may pose a safety risk to consumers if there’s an undisclosed manufacturing or design defect. When a company is caught selling a defective product, it may be held liable not only by private lawsuits filed by injured consumers, but also by federal regulators charged with protecting the public…. Read More »
Nashville Truck Stop Owner Not Responsible for Security Guard’s Fatal Shooting of Customer
Tennessee courts follow what is known as a modified comparative fault rule in personal injury cases. Put simply, if the plaintiff is equally or more at-fault than the defendant for an accident, the defendant is not liable for any damages. There is no precise formula for apportioning fault–it ultimately depends on the facts of… Read More »
How Signing a Power of Attorney Can Affect Your Rights in a Personal Injury Lawsuit
If you have sustained a traumatic brain injury in a car or truck accident, you may not be capable of making certain decisions for yourself. This includes decisions regarding any personal injury litigation arising from the accident. In these situations, it may be in your best interest to sign a power of attorney naming… Read More »
Can I File a Medical Malpractice Lawsuit Even If I Don’t Know Exactly What the Doctor Did Wrong?
The key to winning any personal injury case is proving the defendant’s negligence. In many cases the negligent act is obvious and witnessed by the plaintiff. Consider a car that runs through a red light and hits your vehicle. It doesn’t take an expert to figure out what caused the accident. But medical malpractice… Read More »