Category Archives: Personal Injury
Can I Seek Damages if an Accident Aggravates an Existing Injury?
If you are injured in a car accident, you have the right to seek damages from the negligent driver. Damages include any medical bills incurred as a result of the accident. But what if a car accident merely aggravates a preexisting injury? Can you still recover damages even though the accident may not have… Read More »
Third St. Louis Jury Finds Link Between Talcum Powder, Ovarian Cancer
Although Johnson & Johnson continues to deny that there is any connection between the use of its talcum powder and ovarian cancer, a third jury in St. Louis, Missouri, has disagreed and awarded a multi-million product liability judgment to a plaintiff who alleged such a link. Jury Awards $65M in Punitive Damages to Stage… Read More »
Establishing a Defendant’s “Duty of Care” in a Negligence Case
In a personal injury lawsuit based on negligence, a plaintiff must prove that the defendant breached some “duty of care.” As a general rule, according to the Tennessee Supreme Court, when a person “assumes to act, even though gratuitously,” he or she “may thereby become subject to the duty of acting carefully,” and can… Read More »
Tennessee Supreme Court Holds Rental Cars Are “Uninsured Motor Vehicles”
Last year we discussed a Tennessee Court of Appeals decision holding that uninsured motorist coverage was not available to a policyholder injured by the driver of a rental car. The Tennessee Supreme Court has now weighed in, reversing the Court of Appeals and reinstating the accident victim’s complaint. This is welcome news for all… Read More »
When Is a Tennessee Worker Entitled to “Permanent Total Disability” Benefits?
Tennessee’s workers’ compensation system provides different levels of benefits depending on the extent of an employee’s injuries. In addition to covering your medical expenses arising from an on-the-job injury, workers’ compensation also entitles you to partial replacement of any lost wages. And in severe cases where an injury renders you unable to return to… Read More »
How Tennessee Medical Malpractice Laws Can Trap Victims
Medical malpractice law is full of traps that often ensnare unsuspecting victims. Unlike other types of personal injury claims, Tennessee forces plaintiffs accusing a health care provider of negligence to jump through a number of regulatory hoops. As a result, many malpractice victims (and their families) are effectively denied their day in court. Medical… Read More »
Are Retailers Liable Under Tennessee Law For Selling Defective Products?
The U.S. Consumer Product Safety Commission (CPSC) recently announced that Best Buy Co., which operates over 1,600 retail stores in Tennessee and throughout the United States, agreed to pay a $3.8 million “civil penalty” to settle allegations that the company illegally sold multiple dangerous and defective products after they were placed under manufacturer’s recalls…. Read More »
How Do You Collect a Personal Injury Judgment in Tennessee?
When you see a headline about someone winning a large personal injury judgment in court, you probably do not stop to think about how—or even if—the plaintiff actually collects damages from the defendant. A judgment, after all, is really nothing more than a piece of paper signed by a judge that says the plaintiff… Read More »
Tennessee Judge Dismisses Product Liability Claim Against Gun Manufacturer
In Tennessee, a product manufacturer can be held legally responsible for injuries caused by a defective product. The idea is that the manufacturer is in the “best position” to protect the public from any potential harm arising from the design or manufacture of its own products. But how does product liability work when the… Read More »
Can I Sue the City for Hazardous Conditions on Public Property?
When private property owners fail to correct a known dangerous or hazardous condition on their premises, they may be liable for any personal injury sustained by an innocent third party. A similar rule applies in Tennessee to property owned by state and local government agencies. While the government is normally immune from personal injury… Read More »
