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Roughly 44% of all U.S. households have a dog.  Ours has a tri-color King Charles Cavalier named Lincoln (pictured above).  Lincoln and most other dogs are wonderful companions, protectors, and exercise buddies, but when they want to dogs can inflict a lot of damage primarily due to their bite pressure.  So just how strong is a dog’s bite?   Continue reading

 

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Since President Obama began trying to normalize relations with Cuba, my wife and I have wanted to travel to the country, but the United States still bans general tourism to Cuba.  Visitors must fall within 12 officially authorized categories.  So we were thrilled when the Nashville Bar Association organized a People to People educational trip to Havana from April 1st to April 5th.  During our trip, we enjoyed a performance by an incredibly talented youth orchestra, heard lectures by some very bright professors on Cuba-US relations and the Cuban economy, toured Hemingway’s home, went to Fusterlandia, visited a Cuban art museum, had a great walking tour of Old Havana and much more.  Here are some tidbits and one very important take-away from our trip: Continue reading

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Last week, Slate reporter Emma Copley Eisenberg did a piece on the “astronomical price” charged by court reporters for trial transcripts.  Eisenberg was stunned by the “outrageous fees” charged by court reporters when she wanted to investigate a case involving a farmer who had been convicted of a double homicide.  When Eisenberg went to the courthouse to obtain a copy of the criminal trial transcript, she learned it would cost her $2400.00 to obtain a copy of the transcript. (Notably, it cost the farmer nearly $7,000 for the original transcript.)  Eisenberg got a quick lesson on something trial lawyers have long known: litigation is expensive.  Why is that?
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In 2015, more than 10,000 people lost their lives and another 200,000 were injured in drunk driving related car accidents and another 200,000 were injured.  In Tennessee, despite law enforcement making over 23,000 DUI arrests, drunk driving car accidents claimed 252 lives.  How does Tennessee compare to other states? Continue reading

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Last year, 40,200 people lost their lives in car accidents.  Think about that.  40,200 lives cut short.  40,200 funerals.  40,200 families mourning the loss of a loved one.  For more perspective on that, the Chicago White Sox stadium holds 40,615 people,  so we lost almost a stadium full of people to car accidents last year.  The death toll represents a 6% increase over 2015 and a 14% increase over 2014.   Experts attribute the rise in deaths to a number of factors and, of course, have offered suggestions to protect yourself. Continue reading

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Regrettably, you are wrong if you think there is no way a 28 year-old male nursing home aide would rape an 83 year old grandmother suffering from dementia.  Rape is about control, and it is a crime of opportunity and while some states and the federal government do not separately track allegations of sexual abuse, CNN has reported that since 2000 there have been more than 16,000 complaints of sexual abuse in assisted living and nursing home facilities.  Even more alarming is that 226 long-term care facilities have been cited for failing to protect the residents for which it was being paid to provide care and roughly 100 facilities have been cited multiple times.  How does this happen and what can you do?

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Jamie Lynn Spears’ daughter’s accident reminds us that all-terrain vehicles (ATVs) can be very dangerous for children.  Spears’ 8-year old daughter’s ATV accidentally went into a pond on the property and the girl was trapped underwater for several minutes.  Thankfully, the child appears to have escaped the incident without any neurological injuries.

Unfortunately, Spears’ accident is not uncommon.  In 2015 alone, 58 children were killed and nearly 27,000 were injured in ATV accidents.  So what age is the appropriate age for ATVS and what steps can be taken to prevent an ATV accident? Continue reading

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This Sunday is Super Bowl LI or 51 for those of you, who like me, only do Roman Numerals to a point.  This year’s match-up pits the New England Patriots against the Atlanta Falcons in a showdown in Houston.  Whether you are hosting a Super Bowl party or attending one, here are some tips for staying safe this Super Bowl Sunday: Continue reading

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Last year, according to the National Highway Traffic Safety Administration, 5,376 pedestrians were killed in our country.  That total is up from 2014 when 4,884 pedestrians lost their lives. Throughout the United States, a pedestrian is killed roughly every two hours. While that is a startling statistic, in Nashville it may very well be even more dangerous to be a pedestrian.  According to a recent report, Nashville is the 37th most dangerous city out of 104 metro areas according to a study released by Smart Growth America.  The good news is that Nashville has improved from 15th but there is still more room for improvement.  In a ten-year period, 209 pedestrians were struck and killed in Nashville.   And, of course, many more have been injured. Continue reading

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At the Law Offices of John Day, we deal with insurance policies and insurance companies every single day. Unfortunately, all too often we see clients who declined uninsured/underinsured motorist coverage or bought too low a limits for their circumstances simply because the right questions were not asked of their agent.  So start the New Year off right by taking a few minutes to talk to your agent about your coverage so that you get the best premium possible and so you are adequately protected in the event of an accident.  Below are some of the questions you should ask:

  1. What optional coverage is available? At the Law Offices of John Day, we believe the most important optional coverage is uninsured/underinsured motorist coverage. (If you are unfamiliar with this type of coverage and how it works, go to the side bar on the right and just type in uninsured motorist in the Search function. You will be taken to a number of articles on the subject). From our experience with our clients, most people decline this coverage because they think it will be too expensive. Talk to your agent. We think you will find it is inexpensive especially when you consider 1 in 5 drivers in Tennessee are uninsured. This coverage could mean all the difference if you are involved in an accident with one of those drivers.
  2. How will an accident affect my policy? Now some insurance companies are offering “accident forgiveness” and other similar benefits for their insureds. Discuss how an accident may affect your premium and/or even cancellation of the policy. This is especially important if you have teen drivers who tend to have more fender benders.