Bringing claims in a Tennessee courtroom can be expensive. Getting a case ready for trial takes extensive preparation, discovery, and long days and nights thinking through the details of the case. This means that fees can add up, and lawyers may seem too expensive to consider. In these circumstances, some plaintiffs…
With the passage of several recent laws in Tennessee, plaintiffs seeking to bring claims against doctors and health care facilities must meet stringent requirements for providing notice and information to potential defendants. When these procedural requirements are not met, plaintiffs can be prevented from seeking relief and have their claims dismissed.…
One of the most overlooked aspects of any negligence claim is the requirement that a plaintiff show that the danger or harm she experienced actually caused the injuries that were incurred. Often, when an accident or injury occurs, and a dangerous condition existed, we simply assume that the two are…
Wrongful death claims are claims brought on behalf of an individual who has died as a result of another party’s tortious conduct. Since the deceased individual cannot bring a claim, certain family members are statutorily permitted to do so. Most state statutes, including Tennessee’s, carefully prescribe who is permitted to…
Under basic principles of negligence law, an individual or entity can only be held liable for injuries that another person suffers if the individual or entity had a duty to help prevent those injuries from occurring. A duty arises out of some obligation from one party to another. This can…
Generally, when an individual acts negligently, he or she can be held liable for any injuries that result from such negligence. In certain instances, however, affirmative defenses may be available that insulate the defendant from liability. For instance, if an individual is acting at the instruction of another party or…
When dealing with premises liability and other personal injury cases, it is well accepted that landlords and owners have a duty to warn those entering or using their property of known dangerous conditions. If a plaintiff does not know that a condition exists, it is impossible for them to avoid…
In recent years, more and more public spaces have begun to carry automated external defibrillators, also known as AEDs. These devices allow individuals to respond quickly to instances of cardiac arrest or other heart-related emergencies. AEDs do require training in order to be used effectively, and many of the distributors…
Under the doctrine of sovereign immunity, states and governments are often immune from liability and cannot be sued in state or federal courts. Similarly, many states have enacted governmental tort liability acts that provide immunity to governmental entities and actors within a state, such as local police departments and school…
Tennessee is a comparative negligence state. This means that when a plaintiff’s negligence is greater than a defendant’s negligence, the plaintiff cannot recover compensation from the defendant, even if the defendant was partially negligent in causing an accident or injury. Comparative negligence assumes full capacity, however, and special rules must be…