Category Archives: Personal Injury
What Is the “Open and Obvious” Defense, and How Could It Affect My Personal Injury Lawsuit?
In personal injury cases dealing with premises liability, property owners will often deploy what is known as the “open and obvious” defense. Essentially, this defense states that the hazard that caused the plaintiff’s injury was so open and obvious, an average person would know to protect themselves. What actually qualifies as “open and obvious”… Read More »
Class Action Filed Against Purell Manufacturer Over Allegedly Deceptive Health Claims
While business closures and unemployment continue to rock Tennessee as a result of the Covid-19 pandemic, some companies are continuing to profit. A recent story from Yahoo Finance highlighted the boom in sales of the hand sanitizer Purell, which is manufactured by the privately held GOJO Industries. Yahoo noted that retail stores are sold… Read More »
Comparative Fault: Why the Personal Injury Victim Is Also on Trial
When you file a personal injury lawsuit, you need to recognize that your own actions may become an issue at trial. Tennessee follows what is known as a “modified comparative fault” rule in personal injury cases. This means that a jury will apportion fault for an accident among all of the relevant parties, including… Read More »
When Can a Judge Reduce the Amount of Damages Awarded by a Jury in a Truck Accident Lawsuit
Although plaintiffs have a right to trial by jury in personal injury cases, there are times when the judge may step in an attempt to reduce the amount of damages awarded by the jurors. This is known as a “remittitur.” Under Tennessee law, a judge may suggest a remittitur after “independently” weighing the evidence…. Read More »
TN Supreme Court Rejects Medical Malpractice Lawsuit Due to Expert Witness’ Lack of “Competency”
In a medical malpractice lawsuit, causation is everything. The plaintiff–the victim of the malpractice–must prove the defendant’s actions caused their injuries. To accomplish this, the plaintiff typically needs to present testimony from one or more qualified medical experts who can establish how the defendant’s actions deviated from the accepted standard of care. In the… Read More »
Can I Sue My Landlord for a Slip-and-Fall Accident in My Own House?
As a general rule, Tennessee law does not permit the tenant of a property to sue the landlord for injuries sustained on the lease premises. In other words, if you get into a slip-and-fall accident in your own house, you cannot bring a personal injury claim against the landlord. There are, of course, several… Read More »
Can I Sue My Employer If They Intentionally Injured Me at Work?
The basic rule in Tennessee is that you cannot file a personal injury lawsuit against your employer for an injury you sustained on the job. The reason for this is simple: Such injuries are normally covered by workers’ compensation, which provide “no-fault” medical and wage replacement benefits in such situations. But workers’ compensation does… Read More »
Can I File a Personal Injury Lawsuit If My Employer Does Not Have Workers’ Compensation Insurance?
The normal rule in Tennessee is that a worker injured in the course of their employment may only seek benefits through the workers’ compensation system. That is to say, if you are hurt in an on-the-job accident, you cannot file a personal injury lawsuit against your employer. Instead, you must seek medical and wage… Read More »
Family of 2-Year-Old Killed in Tennessee Park Files Claim Against the State
When you take your family out to a Tennessee state park, you expect the area will be maintained in a reasonably safe condition. And if there are any known hazards that could threaten your life, you would also expect state officials to mitigate that risk and provide appropriate warnings. Unfortunately, the reality is often… Read More »
Federal Law and the Right to Compensation for “Loss of Household Services”
Earlier this year, a federal judge in Nashville rejected a personal injury plaintiff’s claim for loss of household services under Tennessee law. As we explained at the time, the plaintiff was injured after a Southwest Airlines flight ran off the taxiway at Nashville International Airport. The plaintiff subsequently sued Southwest, seeking among other things… Read More »
