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Fox Willis Burnette, PLLC Attorneys at law
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Farley & Angel Criminal, Divorce and Juvenile Law
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Category Archives: Personal Injury

Knee

Pa. Judge Refuses to Dismiss Defective Knee Replacement Lawsuit Against Arthrex

By Fox Willis Burnette, PLLC |

A knee replacement is major, life-altering surgery. So if something goes wrong due to a defect in the replacement device, it can have a substantial, negative impact on the quality of life for both the patient and their family. And the manufacturer responsible for producing such defective medical devices can be held responsible via… Read More »

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PI_Law

TN Health Club Not Liable for Member’s Sexual Assault

By Fox Willis Burnette, PLLC |

At one time or another, all of us have been asked to sign some sort of “release” or “waiver” holding a property owner harmless for any injury we might suffer while on the premises. Most people sign such waivers without giving it a second thought. Unfortunately, when something does happen to them, that same… Read More »

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Accident

The Important Role of Video Evidence in Personal Injury Cases

By Fox Willis Burnette, PLLC |

Many times, a personal injury lawsuit depends entirely on the parties’ personal recollection of events, which may be years after the fact. In some cases, a plaintiff may bolster his or her case if there is video or photographic evidence taken at the time of the accident. Of course, video evidence can also work… Read More »

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AnimalCruel_Cat

Can You File a Personal Injury Lawsuit Over the Loss of a Pet?

By Fox Willis Burnette, PLLC |

Personal injury claims based on negligence require proof that the defendant breached some “duty of care” owed to the plaintiff–and that said breach actually caused the plaintiff’s injury. The existence of a duty of care is a legal question, while causation is a factual question. Court of Appeals Rules Veterinarian’s Negligence Caused Cat’s Death… Read More »

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PI_2

When “Common Sense” Is Not Enough to Legally Prove How an Accident Occurred

By Fox Willis Burnette, PLLC |

“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 »

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PI_Claim2

When Are Tennessee Stores Liable for Injuries Sustained by Disabled Customers?

By Fox Willis Burnette, PLLC |

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 »

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Dog_PitBull

Is a Tennessee City Responsible When a Known Dangerous Pit Bull Attacks?

By Fox Willis Burnette, PLLC |

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 »

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FlagGavel

What Happens When a Personal Injury Defendant “Takes the Fifth”?

By Fox Willis Burnette, PLLC |

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 »

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SlipFall3

Are Tennessee Store Owners Liable for Bathroom Slip-and-Fall Accidents?

By Fox Willis Burnette, PLLC |

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 »

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Playground

Nashville Government Not Liable for Mysterious Playground Injury to Autistic Student

By Fox Willis Burnette, PLLC |

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 »

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