Category Archives: Personal Injury
Can You Sue the Police for Falsely Informing You of Your Child’s Death?
Negligent infliction of emotional distress (NIED) is a special type of personal injury claim where the defendant acts in a manner that is so reckless as to cause a mental or emotional injury to the plaintiff. A NIED claim involves more than “hurt feelings.” Rather, NIED cases involve specific trauma arising from a negligent… Read More »
Methodist Healthcare Accused of Overcharging Accident Victim
In most civil lawsuits, such as personal injury claims, the plaintiff gets to decide where to file their lawsuit. For example, many plaintiffs prefer to try a case in Tennessee state court rather than federal court. Under certain circumstances, however, the defendant has the right to move a case from state to federal court…. Read More »
Court of Appeals: Memphis Restaurant Not Legally Responsible for Customer’s Death
Personal injury claims against restaurants usually involve matters like slip-and-fall accidents. But they can also involve more serious incidents where a customer becomes seriously ill–or even dies–as a result of negligence on the part of the restaurant’s kitchen staff. Proving such claims, however, are not easy and often require complex litigation. Premises Liability Does… Read More »
Is an Employer Responsible for an Accident Caused by an Employee Who Leaves Work Early?
In Tennessee law, the principle of “respondeat superior” means that an employer can be held vicariously liable for the negligent acts of its employees. A common example of this an employee driving their employer’s truck who causes an accident. The employer can be held responsible for damages in a personal injury brought by the… Read More »
Federal Court Allows Shelby County Police Shooting Lawsuit to Proceed
If someone negligent or recklessly shoots you with a gun, you can file a personal injury lawsuit to seek compensation. But what happens when you are shot by the police? In that scenario, you may have a special legal remedy under 42 U.S.C. §1983, a federal statute that allows a person to file a… Read More »
Teleflex Recalls Endotracheal Tubes Following 4 Reported Deaths
Manufacturers have a legal and ethical duty to recall dangerous and defective medical devices from the market. Ideally, such recalls are accomplished before any patient is seriously injured or killed by the device. Unfortunately, that is not always the case. FDA Notifies Consumers of Class I Recall On June 23, 2019, Teleflex Incorporated announced… Read More »
When Is a Property Owner Liable for Failing to Clear Ice or Snow Following a Storm?
The question of when a property owner is legally responsible for an accident that occurs on its premises is often difficult to answer. As a basic rule, Tennessee courts have said a premises owner must first have “actual or constructive” notice of a dangerous condition that actually exists on the property. To put this… Read More »
How Does Tennessee Law Protect Uninsured Accident Victims?
If you have been seriously injured in an accident, you may be faced with paying tens of thousands of dollars in medical bills, especially if you lack insurance. And even if you are able to recover some amount of damages in a personal injury claim against the person who caused your accident, that may… Read More »
Supreme Court Allows Personal Injury Lawsuit Against TVA to Proceed
Personal injury against government agencies are often complicated by the legal principle of “sovereign immunity.” Essentially, you cannot sue the government unless it consents, typically through legislation waiving the immunity. At the federal level, for example, the Federal Tort Claims Act (FTCA) allows victims of government employee negligence to file a personal injury claim,… Read More »
TN Hospital Accused of “Coercing” Expert Witness in Medical Malpractice Case
In some personal injury cases, notably those involving product liability or medical malpractice, expert testimony is often necessary to establish the defendant’s negligence. Indeed, in any health care liability case, Tennessee law requires the testimony of at least one qualified expert who can explain how the defendant deviated from the accepted “standard of care”… Read More »
