Many parents rely on bus drivers to safely transport their children to school. If a driver does not arrive at a designated stop at the scheduled time, though, a child may have to seek alternate means of traveling to school, which could ultimately lead to a car accident that causes…
Articles Posted in Personal Injury
Tennessee Court Discusses Dismissal of Car Accident Case for Failure to Prosecute
Some people who are involved in car accidents are tempted to avoid the expenses of retaining an attorney by representing themselves in a civil lawsuit. Few non-attorneys truly understand the nuances of the law, though, and self-represented parties often receive unfavorable outcomes due to their failure to comply with substantive…
Court Finds Issues of Material Fact As To Whether Owner Acted With Reasonable Care
In premises liability cases we often think of claims as being brought by outside third parties who are visiting a property but have no particular affiliation to it. These can be customers who enter a store, delivery men dropping off a package, or party guests coming over for a night…
Tennessee Court Finds No Liability Where Danger Only Became Known At Time of Accident
Knowledge is a central component of any Tennessee negligence claim. In order for one party to be held liable for negligence toward a dangerous condition that leads to the injury of another, that party must have actual or constructive knowledge that the dangerous condition existed. This protects individuals from being…
Sixth Circuit Upholds Claim for Black Lung Benefits
For most Americans, the risk of injuries on a day-to-day basis is very low, with little worry that one will be habitually exposed to dangers such as a reckless driver, a hole in the ground, or an icy porch. For some, though, there are inherent risks in the work they…
Tennessee Court Holds Premises Liability Case Not Appropriate For Summary Judgment
Under Tennessee law, summary judgment is a ruling that is reserved only for those cases where there are no disputes of material fact, and no way for the plaintiff or defendant to succeed in light of the facts that have been presented. Because the standard is so high, summary judgment…
Tennessee Court Dismisses Truck Accident Case Where Plaintiffs Failed To Preserve Evidence
One of the central tenants of being a litigant is that you have a duty to preserve any evidence that you know may be relevant to the litigation. Once it is reasonably foreseeable that litigation may occur, a party must make all reasonable efforts to “hold” important evidence and present…
Tennessee Court Allows Bike Accident Case to Proceed
Not all personal injury cases involve straightforward facts and circumstances, in which one party clearly committed a wrong and the other party was obviously injured. In many accident cases, multiple parties make errors, mistakes, or bad decisions that lead to the ultimate accident and injuries. And in those cases, determining…
Tennessee Court Finds Homeowner Not Responsible for Worker’s Fall
Most homeowners have, at any given time, hired a repairman or handyman to take care of some sort of project at their home. Whether fixing an appliance, building a new staircase, or correcting faulty electrical wiring, the need for help can often seem endless. For most homeowners, the though of…
Tennessee Court Confirms Collateral Source Rule Still Applies
In personal injury cases, one of the biggest questions that a jury must determine is how much a plaintiff should get, if anything, in damages. Damages are usually the collection of costs like medical bills, lost wages, pain and suffering, damage to property, and other expenses that a plaintiff has…