Author Archives: Jay Butchko
Is a Truck Driver Liable for Hitting a Pedestrian Lying in the Road?
Every parent has told their child, “Look both ways before you cross the street.” There’s good reason for this advice: Pedestrian accidents are among the most serious categories of motor vehicle collisions. But avoiding accidents is not just the pedestrian’s responsibility. In fact, Tennessee law expressly imposes a duty on all motorists to “exercise… Read More »
TN Court Tosses $69,000 Car Accident Judgment
It’s a basic principle of personal injury law in Tennessee that if someone negligently causes a car accident, he or she is liable for the victim’s medical expenses. This includes the costs of treating a pre-existing injury aggravated by the accident. Of course, when there is evidence–or possible evidence–of a victim’s preexisting condition, the… Read More »
How Do You Prove a Defective Design Caused a Tractor Trailer Accident?
Tractor trailer accidents may be the result of many factors: driver error, improper maintenance, or even a defect in the design of the trailer itself. Proving the latter–defective design–is not a simple task. Tennessee and other states impose strict standards for bringing product liability claims. One requirement is the need for the testimony of… Read More »
Is a Business Liable for Negligent Acts Committed by Its Subcontractors?
One of the key principles of Tennessee personal injury law is that a “principal” is legally liable for the negligent acts of their “agent.” For example, if a salesperson is traveling to visit a customer in her company-owned car, runs a red light, and plows into a minivan, the latter vehicle’s occupants can sue… Read More »
Ford Recalls 2 Million Trucks Due to Defective Seat Belts
Although car and truck accidents are often the result of driver negligence, we should never overlook the dangers posed by the vehicles themselves. Each year the federal government oversees the recall of millions of cars and trucks after the manufacturer discloses–or is forced to acknowledge–a flaw in the vehicle’s design or production. Although the… Read More »
Mass. Court Rejects Risperdal Lawsuit
Thousands of product liability lawsuits are presently pending throughout the country against pharmaceutical giant Johnson & Johnson over the adverse effects of its antipsychotic drug Risperdal. Most of the plaintiffs are young men who developed gynecomastia, which is the sudden growth of breast tissue, after taking Risperdal. Risperdal significantly increases production of the prolactin–the… Read More »
Can a Tennessee Building Owner Blame for an Accident on Their Property?
People often think of premises liability cases in terms of businesses and their customers. For instance, if someone is shopping at the supermarket and slips on a puddle of water in the middle of an aisle, the store owner may be held liable for any injuries. But anyone who is lawfully invited onto a… Read More »
Federal Audit Criticizes NHTSA’s Handling of Takata Airbag Recall
It seems like every week there’s a new headline about some dangerous or defective product subject to a government recall. Many people simply take it on faith that the recall will fix whatever problem exists. But the reality is that the recall process itself is far from perfect–and when we’re talking about products like… Read More »
Tennessee Court of Appeals Tosses $28M Punitive Damage Award in Fatal Nursing Home Neglect Case
Nursing home abuse and neglect is a serious problem in Tennessee. Understaffed and improperly managed facilities often fail to provide the legally mandated standard of care. And when residents sustain serious injuries–or die–as a result of such mistreatment, the negligent parties need to be held accountable. Court Holds Parent Companies Not Liable for Nursing… Read More »
What Happens When an Insurance Company Refuses to Defend a Negligent Driver from a Personal Injury Lawsuit?
If you are injured in a car accident, you have the right to seek damages against the negligent driver. In most cases, the other driver’s insurance company is actually responsible for defending against the personal injury claim, and paying out any damage award within the policy limits. Of course, insurance companies often try to… Read More »