Category Archives: Personal Injury
FDA Warns EpiPen Manufacturer Over Repeated Safety Violations
Medical device manufacturers are eager to collect billions of dollars in profits from the sale of their products. But when something goes wrong with a device, these same manufacturers can be slow to take remedial action. Even after a recall and a followup investigation by the Food and Drug Administration (FDA), a defective medical… Read More »
TN Supreme Court Revives Wrongful Death Lawsuit
In May 2016 we discussed an unfortunate ruling by the Tennessee Court of Appeals, which overturned a jury verdict. The victim’s husband had initially filed his complaint against the defendants without the assistance of a qualified personal injury attorney. Although he later obtained counsel, it was not until after the one-year statute of limitations… Read More »
Is a Designated Driver Liable for a Drunk Passenger Who Falls Off of the Car?
One of the best ways to avoid an alcohol-related car accident is to have a designated driver. Making sure there is at least one sober, responsible person in your social group can help ensure that everyone gets home safely. But what happens when a drunk passenger is injured during that ride home? Can the… Read More »
Is Sexual Assault at Work Covered Under Workers’ Compensation?
Under normal circumstances, if you are injured on the job your employer is required to pay workers’ compensation benefits to compensate you for medical expenses and lost wages. Workers’ compensation in Tennessee is designed to be an “exclusive remedy”–i.e., you cannot file a separate personal injury lawsuit against your employer. But what if your… Read More »
Knoxville Restaurant Faces Trial Over Partially Melted Bag of Ice
Knoxville and Clinton-area business owners are responsible for keeping their premises in reasonably safe condition for customers and other invited guests. When a business has “superior knowledge” of a hazard that might lead to injury, there is a duty to warn customers. If the business fails to give such warning and the customer is… Read More »
When Is a Tennessee Stadium or Arena Liable for Patron Injuries?
Every year millions of people attend concerts and sporting events throughout Tennessee. As with any business open to the public, the operators of stadiums and arenas have a duty to keep their premises in reasonably safe condition–even with thousands of people trampling through the area in a short period of time. So if a… Read More »
California Jury Orders Talcum Powder Manufacturer to Pay $417 Million to Ovarian Cancer Patient
Although Johnson & Johnson, the world’s largest manufacturer of talcum powder, still denies there is any link between its products and ovarian cancer, juries throughout the United States continue to side with victims and their families. On August 22, a Los Angeles jury ordered Johnson & Johnson to pay over $400 million in damages… Read More »
How Changing Testimony Can Affect a Personal Injury Case
Human memory is unreliable. This can present a major problem in personal injury cases, as witnesses may have difficulty remembering events that occurred months–often years–before the trial. And while having a faulty memory is not a crime, when parties to litigation suddenly “remember” something that contradicts their earlier statements, there are certain rules that… Read More »
Is a Property Owner Liable for a Malfunctioning Automatic Door?
In personal injury claims brought against property owners, a plaintiff must prove the existence of a “dangerous or defective condition” that caused their injury. The condition itself must have been caused or created by the property owner, or the owner must have had actual or constructive notice of the condition. In this context, “constructive”… Read More »
Congress Moves to Overturn Pro-Consumer Arbitration Rules
Arbitration agreements have long been a controversial tool used by business interests, such as banks and nursing homes, to deprive consumers of their ability to file personal injury lawsuits or otherwise seek justice in court. It is common practice to bury forced arbitration clauses in the fine print of contracts, which means that many… Read More »
