Product liability is an area of the law that deals with when and how product manufacturers can be held liable for the creation or manufacture of products that cause injury to consumers. A central tenet of product liability is that manufacturers have a duty to warn consumers of known hazards…
The doctrine of premises liability in Tennessee provides that, in certain situations, property owners can be held liable for injuries or accidents that occur to members of the public on their property. As Tennessee courts have previously acknowledged, however, “negligence cannot be presumed by the mere happening of an injury…
Under Tennessee law, universities and colleges often owe basic duties to their students to protect them from known harms. This is particularly true for students living in dorms on university campuses, where the universities often function as landlords and caretakers of the students. However, under basic negligence law, individuals, entities,…
As the saying goes, hindsight is 20/20. Things that may not be obvious at first glance often become painfully clear after the fact. Such is the case for many of the dangerous conditions that present themselves in personal injury and premises liability cases. While a broken stair or a slick…
The Employee Retirement Income Security Act (ERISA) is a federal law that governs claims for benefits under retirement and disability plans, among other things. In enacting ERISA, Congress explicitly stated that ERISA is an area of federal law that can preempt related state law claims. This means that when a state law claim…
All professionals who provide services to others are required to uphold a high standard of care when dealing with clients. In the medical professional field, this means abiding by certain tenets of medical care and prioritizing the well-being of the patient. In the legal field, lawyers are required to abide by…
When we think about personal injury cases and negligence lawsuits, we typically imagine slip and fall accidents, car crashes, and faulty railings. But personal injuries can arise in virtually in any situation, even in the most unpredictable of conditions. A recent case out of the Sixth Circuit Court of Appeals…
In most instances, when an individual has a claim for personal injury, negligence, or wrongful death against another individual or corporation, a lawsuit can be brought in federal or state court. While there are certain limitations on who can bring a lawsuit (someone who has actually been injured) or when…
It is a basic premise of liability that landlords may be liable for known dangerous conditions that exist on their property and that harm tenants or guests. However, this liability is not unlimited, and landlords cannot be exposed to overly broad and endless requests for payments and reimbursements for injuries…
Premise liability is a common issue of concern for many property owners. By allowing tenants, guests, or customers onto one’s property, property owners inherently take on a degree of liability for injuries or accidents that may befall these third parties. However, the doctrine of premise liability must have limits –…