Tennessee Farm Accident Lawyer
A tractor rollover, a grain bin collapse, or a hay baler that caught a sleeve can change a family’s life in seconds, and in rural Tennessee the nearest trauma center may be a long drive away. Fox, Farley, Willis & Burnette represents injured people and families across East Tennessee and the rest of the state, and a Tennessee farm accident lawyer from our firm can help you work out who is legally responsible when a working farm turns dangerous.
Farm injuries rarely have a single, simple cause. A piece of equipment may have been defective from the factory, a neighbor’s contractor may have left a hazard behind, a delivery truck may have struck a farmer on a county road, or a landowner may have ignored a danger they knew about. Many of these cases also sit in a gray area between workers’ compensation, premises liability, and product liability, which is why the first questions we ask are about who was on the property, in what capacity, and what equipment or conditions were involved.
Because Tennessee gives injured people only one year to file most injury lawsuits, the details matter early. Machinery gets repaired, sold, or scrapped. Livestock gets moved. Witnesses scatter after harvest. What gets preserved in the first few weeks often decides what can be proved a year later.
Common Types of Farm Accidents and Who May Be Responsible
- Tractor and Equipment Rollovers: Hillside fields common across East Tennessee make rollovers a leading cause of serious farm injuries. Cases often turn on whether a rollover protective structure or seat belt was missing, disabled, or defective, which can point to a manufacturer, a dealer, or a repair shop.
- PTO, Baler, and Auger Entanglements: Power take-off shafts, balers, augers, and conveyors can cause amputations and crushing injuries in an instant. Missing shields, bad guarding design, and absent emergency shutoffs are the issues we look at first.
- Grain Bin and Silo Incidents: Engulfment, suffocation, and falls inside storage structures are among the most dangerous farm events. Responsibility can involve the owner, an employer, an equipment maker, or a contractor who installed or serviced the system.
- Farm Vehicle and Roadway Collisions: Slow-moving farm machinery on rural roads is regularly struck by drivers who are speeding, distracted, or impaired. Tennessee’s hands-free law makes it illegal to hold a phone while driving, and phone records can become key evidence against the other driver.
- Livestock and Animal Injuries: Kicks, crushes, and bites from cattle, horses, and other animals can cause fractures, head injuries, and worse. Liability depends on who owned or controlled the animal, what warnings were given, and whether fencing or handling practices were reasonable.
- Agritourism and Visitor Injuries: Corn mazes, hayrides, pumpkin patches, and farm stays bring guests onto working land. Visitors are owed a reasonably safe property, and falls, ride accidents, and unsafe structures can support a premises liability claim.
- Third-Party Claims by Farmworkers: A hired worker hurt by a defective machine, a negligent contractor, or an outside driver may have a claim beyond workers’ compensation. These cases require careful sorting of employment status and coverage from the start.
- Chemical and Pesticide Exposure: Burns, poisoning, and respiratory injuries can come from improperly stored, mislabeled, or misapplied chemicals, and may involve a supplier, applicator, or product manufacturer.
What Proving a Farm Injury Claim Actually Takes
Farm cases are won on facts that are physical, specific, and easy to lose. When we take one on, we move to preserve the machine itself, the maintenance and repair history, the owner’s manual and warning labels, and any photographs or video from the scene. For a defective-equipment claim, an engineer often needs to inspect the machine before anyone alters it. For a roadway collision involving farm equipment, we look at crash reports, vehicle data, and the other driver’s phone use and sobriety.
Tennessee applies modified comparative fault. You can recover as long as you are less than 50 percent at fault, and your award is reduced by your share. Insurers know this, and in farm cases they often argue the injured person should have known better, skipped a safety step, or misused the equipment. Tennessee also allows fault to be assigned to people who are not even parties to the lawsuit, and joint and several liability has largely been abolished, so identifying every responsible party matters. A claim that names only one defendant can leave money on the table.
Damages in a serious farm injury case can include medical care, lost income, reduced earning capacity, and pain and suffering. Economic damages are not capped in Tennessee. Noneconomic damages are generally limited to $750,000, rising to $1 million for a defined catastrophic loss such as paraplegia, quadriplegia, amputation of both hands, both feet, or one of each, severe burns over a large part of the body or face, or the wrongful death of a parent with minor children. The jury is not told about the cap, and the court applies it afterward. The limit does not apply in certain situations, such as when the defendant intended the injury, was intoxicated, destroyed evidence, or was convicted of a related felony. Punitive damages, when warranted, are generally limited to the greater of two times the compensatory award or $500,000.
If the person who caused your injury was an uninsured or underinsured driver, the minimum liability coverage Tennessee requires is only $25,000 per person and $50,000 per accident for bodily injury. That is often far below the cost of a serious farm-related injury, so your own uninsured and underinsured motorist coverage may become important.
Why Choose Fox, Farley, Willis & Burnette for a Farm Injury Case
Clients work with us in a way that fits injuries that make travel hard. Consultations are free, we take injury cases on a contingency basis so there are no attorney fees unless we recover compensation for you, and we can meet you at home or in the hospital. We also speak Spanish; Michael C. Beehan is fluent and represents Spanish-speaking clients in their own language, which matters in agricultural communities where many workers are more comfortable outside of English.
Our team brings more than 170 years of combined attorney experience and has recovered over $100 million for clients. Two of our partners spent the early part of their careers defending insurance companies, trucking companies, and businesses, so they know how carriers evaluate and pick apart a claim like yours. That insight is useful when an adjuster argues that a farmer or farmworker caused his own injury.
Several results speak to the kinds of cases farm families face. We recovered $1.5 million for a Knox County roofer who suffered a traumatic brain injury when his safety harness failed, a defective-equipment case with real parallels to farm machinery claims. We obtained $1.6 million for an Anderson County man struck head-on by a commercial delivery truck on his way to work, and $3.4 million for the family of a man killed in a Morgan County rear-end collision caused by a construction company driver. Past results do not guarantee a similar outcome in any case.
Bruce D. Fox, co-founder, has tried more than 125 jury trials, has been selected to Mid-South Super Lawyers 17 times, received the Tennessee Trial Lawyers Association’s Lifetime Achievement Award, and served on the Tennessee Advisory Council on Workers’ Compensation from 2008 to 2021, experience that helps when a farm case straddles workers’ compensation and a third-party lawsuit. Partner Brad C. Burnette holds an AV Preeminent rating from Martindale-Hubbell, and partner John Willis is a past president of the Anderson County Bar Association; both serve on the Tennessee Trial Lawyers Association Board of Governors. Our attorneys are regularly voted among Knoxville’s Top Attorneys by CityView Magazine.
Serving Farm Families Across Sevier County, East Tennessee, and the State
Farm and rural injury cases come from all over the map, and so do our clients. In Sevier County, we represent people hurt in and around Sevierville, Pigeon Forge, Gatlinburg, and Seymour, where working farms, roadside produce stands, and agritourism sit alongside heavy tourist traffic. We also serve families in Knox County, including Knoxville, Farragut, Powell, and Corryton, and in Blount County, including Maryville, Alcoa, Townsend, and Louisville.
Our work extends to Anderson County, including Clinton, Oak Ridge, and Norris; Campbell County, including LaFollette and Jacksboro; and Roane County, Claiborne County, Morgan County, Jefferson County, and Monroe County. We have represented people from Johnson City to Memphis, and we take cases in Nashville and throughout Tennessee. Whether your accident happened on a family farm in a hollow of East Tennessee or on a larger operation elsewhere in the state, we can review what happened, explain your options, and travel to you when your injuries make it hard to come to us.
What to Do After a Farm Accident in Tennessee
Start with medical care, even if you feel able to keep working. Adrenaline hides injuries, and crush injuries, head trauma, and chemical exposure can worsen over hours or days. Tell the treating providers exactly how the injury happened so the records match your account. If the injury involved a motor vehicle on a public road, call the local police department or sheriff’s office or the Tennessee Highway Patrol so a report is created.
Then protect the evidence. Do not let anyone repair, sell, clean, or discard the machine, bin, tool, or chemical container involved. Photograph the equipment, the scene, any missing guards or warning labels, and your injuries. Write down the names of anyone who saw what happened, and keep the manuals, receipts, maintenance records, and any messages about the equipment or the hazard. Be careful with recorded statements to an insurance adjuster before you understand your claim, since early statements are routinely used to assign you a share of fault.
Watch the calendar. Most Tennessee personal injury lawsuits must be filed within one year of the injury. That period can extend to two years when criminal charges are brought against the person who caused the harm, such as for a DUI, and the prosecution begins within the first year. Property damage claims have a three-year deadline. If a government entity or employee is responsible, the Governmental Tort Liability Act applies a 12-month filing period and caps damages at $300,000 per person and $700,000 per occurrence. If the injured person is a minor, the clock is generally paused until age 18. Wrongful death claims run one year from the date of the injury, not the date of death.
Most injury lawsuits in this region are filed in the circuit court of the county where the case belongs, such as Knox County Circuit Court or the Circuit Court for Sevier or Anderson County, and some cases can be filed in the U.S. District Court for the Eastern District of Tennessee, which sits in Knoxville and covers 41 East Tennessee counties. The right court depends on the parties, the amount in dispute, and where the injury occurred. A call to our firm early gives us time to preserve evidence and sort out the correct path before the deadline narrows your options.
Frequently Asked Questions About Tennessee Farm Accidents
How long do I have to file a farm accident lawsuit in Tennessee?
Most personal injury lawsuits must be filed within one year of the date of injury. That window can extend to two years if criminal charges are filed against the person who caused your injury and the prosecution begins within the first year. Claims against government entities have their own 12-month rule.
Can I sue the farm owner if I was hurt on the property?
Often yes, depending on why you were there and what caused the injury. Property owners must keep their premises reasonably safe and address hazards they know about or should have discovered. If you were a hired worker, though, workers’ compensation may be your only remedy against your employer, and other parties may be the real targets.
What if I was a farmworker injured on the job?
Workers’ compensation generally controls claims against your own employer. If someone else contributed, such as an equipment manufacturer, a contractor, or an outside driver, you may have a third-party lawsuit that can recover damages workers’ compensation does not pay, including pain and suffering and full lost earning capacity.
Does it matter if the farm is a small family operation?
Size affects what coverage exists and who the defendants are, but it does not erase responsibility. Small farms may carry farm liability policies, and equipment makers, repair shops, and neighboring parties may be independently responsible.
Can I recover if the accident was partly my fault?
Yes, as long as you are less than 50 percent at fault. Your recovery is reduced by your percentage of fault, and at 50 percent or more you are barred. Insurers frequently push fault onto injured farmers and workers, so a careful investigation matters.
Is there a cap on what I can recover in a farm injury case?
Economic damages like medical bills and lost income are not capped. Noneconomic damages such as pain and suffering are generally limited to $750,000, or $1 million for a defined catastrophic injury. Exceptions apply, including cases involving intoxicated or intentionally harmful defendants.
What if a defective tractor or machine caused my injury?
You may have a product liability claim against the manufacturer, distributor, or seller, in addition to claims against anyone who maintained or modified the machine. The equipment itself is critical evidence, so do not allow it to be repaired or sold until it has been inspected.
My family member died in a farm accident. Who can bring the claim?
Tennessee law gives the right to bring a wrongful death action first to the surviving spouse, then to the children or next of kin, or to the personal representative of the estate. The one-year deadline runs from the date of the injury that led to the death.
Will my health insurance cover treatment while my claim is pending?
Generally you should use your health insurance so treatment is not delayed, and your claim can later seek reimbursement of costs. Health insurers and certain benefit providers may have a right to be repaid from a recovery, which we account for when negotiating.
I was hit by a driver while moving equipment on a county road. Is that treated differently?
It is handled as a motor vehicle claim against the other driver, and Tennessee’s hands-free law and impaired driving rules can matter. If the driver was on a phone or under the influence, that evidence can strengthen your case and, in intoxication cases, may remove the cap on noneconomic damages.
Is it worth hiring a lawyer if the injury seems minor?
Farm injuries can look minor and turn serious, and with a one-year deadline, waiting to see how things develop carries risk. Consultations are free, and we handle injury cases on a contingency basis, so it costs nothing to learn where you stand.
Can you help if I live out of state or cannot travel?
Yes. We can handle most of the work here and keep you updated by phone and email, and when injuries make travel hard, we can meet you at home or in the hospital.
Talk to a Tennessee Farm Accident Attorney Today
If a farm accident has left you or your family dealing with medical bills, lost income, or the loss of someone you love, a Tennessee farm accident attorney at Fox, Farley, Willis & Burnette can review what happened and tell you plainly what your options are. Your consultation is free, there are no attorney fees unless we recover compensation, and hablamos español. Call us to talk through your case while the evidence is still within reach.
