Category Archives: Personal Injury
Am I Insured If I Am in an Accident Driving My Employer’s Truck?
Dealing with insurance companies can be maddening, especially after you have been in a car accident and seek to recover benefits under your policy. Insurance contracts are carefully drafted to minimize the insurance company’s liability. This means that even if you think you should be covered, the policy (and the law) may state otherwise…. Read More »
Tennessee Court Says School Officials Are Not “Insurers” of Student Safety
In a typical personal injury or premises liability case, a property owner can be held responsible for injuries caused to third parties due to negligence. Unfortunately, Tennessee courts tend to hold public schools to much lower standards. In fact, a school district may be absolved of any liability even when one student sexually assaults… Read More »
Can I Sue My Employer If I Am Exposed to Dangerous Chemicals at Work?
Many Tennessee workers are exposed to hazardous working conditions, such as toxic exposure to dangerous chemicals, and develop significant medical problems as a result. Such workers may be entitled to workers’ compensation or civil damages through a personal injury lawsuit. A key to collecting damages, however, is proving that an employee’s injuries were actually… Read More »
First Personal Injury Lawsuits Filed Following Deadly Chattanooga Bus Accident
Every day thousands of Tennessee parents trust bus drivers to safely transport their kids to and from school. That is why people throughout the state reacted with horror on November 21, when a school bus carrying 37 Chattanooga-area elementary school students “slammed into a tree and split apart,” according to one news report. Six… Read More »
When Is a Child Legally Responsible for His Injuries?
In any personal injury lawsuit, the defendant may attempt to shift blame to the plaintiff by presenting evidence of the latter’s “comparative negligence.” But what if the plaintiff is a minor? How do Tennessee courts assess the comparative negligence of a child? Applying the “Rule of Sevens” The answer is a legal principle known… Read More »
Tennessee Court Rules Undocumented Immigrants Entitled to Full Workers’ Compensation Benefits
Workers’ compensation is supposed to protect employees who are injured on the job. If an employee who suffers a permanent partial disability fails to make a “meaningful return to work,” Tennessee workers’ compensation allows him or her to receive a higher award of benefits than if they are able to work again. The point… Read More »
PetSmart Pays $4.25 Million After Selling Defective Fishbowls
Defective consumer products injure thousands of Tennessee residents every year. In many cases the defective product is not a complex item like an automobile or a product with known risks like prescription medication. Even a simple product–such as a fishbowl–can seriously injure a consumer. Retailer Cited for Failing to Comply With Recall Rules The… Read More »
Can My Employer Deny Workers’ Compensation Benefits If I Take Sleeping Pills?
In theory, workers’ compensation is supposed to provide “no-fault” benefits to employees injured on the job. But Tennessee law makes a special exception if the employee is found to have used drugs or alcohol prior to an accident. If an employer maintains a state-approved “drug free workplace” program, the employee may be denied workers’… Read More »
Can Online Retailers Be Held Accountable for Selling Dangerous Products?
During the holiday season, many Knoxville residents turn to online retailers to purchase gifts for family members. While most Internet retail purchases are perfectly safe, there are cases where a dangerous or defective product is sold. When that happens, and a consumer or their gift recipient is injured, the retailer may be liable under… Read More »
How Comparative Fault Affects Your Personal Injury Claim
Tennessee applies a comparative fault rule in personal injury cases. This means that if the plaintiff is “at least 50 percent” at fault for the underlying accident or injury, the defendant is not liable for any damages. Determining a plaintiff’s fault is therefore a key issue in many personal injury lawsuits. Cabin Owner May… Read More »
