Category Archives: Personal Injury
Tennessee City Found Not Liable for Injuries to Woman Who Tripped on Cracked Sidewalk
Anytime you see owe a property owner in a slip-and-fall accident, it is important to understand a judge or jury will require proof that the owner had either actual or “constructive” knowledge of the hazard that caused your fall. This is often easier said than done. Even when you think that the owner should… Read More »
Is a Business Owner Responsible for a Car Accident That Occurs at the Exit to Its Parking Lot?
In any personal injury case, the plaintiff must establish the defendant owed them some “duty” or legal obligation. For instance, drivers on the highway owe a duty to other people on the road not to drive recklessly. But in other cases, the existence of a duty may not be as clear. Court of Appeals:… Read More »
Navigating the Legal Pitfalls of Medical Malpractice Litigation in Tennessee
In a medical malpractice lawsuit, it is common for there to be multiple defendants. The plaintiff normally has the responsibility of identifying and providing pre-lawsuit notice to each defendant. Such notice is not required in other types of personal injury cases, but Tennessee law does mandate it specifically in medical malpractice claims. Court of… Read More »
Why Is It a Bad Idea to Represent Myself in a Personal Injury Case?
At some point you may have heard the proverb, “I hesitate not to pronounce, that every man who is his own lawyer, has a fool for a client.” The exact origin of this expression is unknown. But the sentiment is timeless. To put it another way, while every person has the legal right to… Read More »
Tennessee Supreme Court Finds Psychiatrist Not Liable for Ex-Wife’s Suicide
Like any personal injury case, a wrongful death claim requires the plaintiff to establish the defendant’s negligence. Under Tennessee law, negligence requires proof the defendant had a “duty of care” to the plaintiff or victim that was then somehow breached. In a wrongful death case, it is also critical to establish this breach was… Read More »
Tennessee Cities Look to Ban Electric Scooters Due to Safety Risk
Electric scooters have become a common sight in major cities in Tennessee and around the country in recent years. Scooter companies make it easy for customers to rent the devices using a smartphone app. But the rapid proliferation of electric scooters has also led to concerns about the risk of personal injury, both to… Read More »
How Federal Law May Apply to a Boating Accident
If someone is injured in a boating accident, they have the same right to sue the negligent parties as someone involved in a car accident. However, boating accidents may invoke federal admiralty jurisdiction, which is a distinct body of law from state-based personal injury claims. Judge Awards Damages to Injured Bass Tournament Cameraman Following… Read More »
TN Court of Appeals Revives Medical Malpractice Lawsuit
The federal law known as HIPAA protects the privacy and confidentiality of a patient’s medical records. In other words, your doctor cannot disclose any part of your medical record to another person without your consent. But if you later sue your doctor for medical malpractice, Tennessee law requires you sign a “HIPAA compliant medical… Read More »
Why Is It a Bad Idea to Represent Myself in a Personal Injury Case?
At some point you may have heard the proverb, “I hesitate not to pronounce, that every man who is his own lawyer, has a fool for a client.” The exact origin of this expression is unknown. But the sentiment is timeless. To put it another way, while every person has the legal right to… Read More »
Tennessee State Not Liable for Death of Student During Football Practice
Every parent sends their child off to college hoping they will thrive and go on to succeed in life. So when a child tragically dies while participating in an officially sanctions school activity, the understandably shocked and grieving parents may seek to hold the university responsible via a personal injury lawsuit. Unfortunately, proving negligence… Read More »
