Articles Posted in Boating Accidents

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AI presents a new legal threat and people involved in litigation or who are contemplating litigation need to be aware of it.  You may have already heard about situations in which lawyers relied too heavily on AI and got in trouble with the court.  If not, just Google “lawyer who used AI to write brief”, and you can read case after case in state after state where lawyers have been sanctioned by courts for using AI to write their briefs.  While there is not a general prohibition on lawyers using AI, there are strict prohibitions about lawyers citing non-existent cases, erroneously quoting previous case law, etc.  In the cases of the sanctioned lawyers, AI “hallucinated” and gave the lawyers incorrect information and the lawyers did not double check its accuracy before submitting it to the Court.  Now, there is a new danger, and it is with clients asking AI legal questions either before or during the litigation. Continue reading

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In today’s post, we thought we would go over some commonly misunderstood legal terms.  The idea developed after re-watching the series Friends with our teenage daughter.   In Season 7, Episode 8, Joey misunderstands the term “moot” when discussing Rachel’s assistant and instead uses “moo” to great comedic effect.  Like many professions and jobs, the law uses some terms that don’t arise in everyday conversation so here are some of the terms most commonly Googled by Americans along with our explanations as to their meanings. Continue reading

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It has been a long time since this there has been a post on this blog.  Some might actually say we have been negligent.  So, we thought we would use our return to discuss the law of negligence, especially since negligence is at the heart of injury and wrongful death law.   Negligence is comprised of three things: breach of duty, causation and damages.  It sounds easy enough, but these concepts are the stuff of nightmares for first year law students in a tort class.   Let’s get to it. Continue reading

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The short answer is “Yes”.  You absolutely can use an AI tool to help you handle your claim yourself.  But the better question is this:  Should you use an AI tool to handle your own personal injury claim?   We believe the answer to that question is “No.”  Allow us to explain. Continue reading

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Following the Delta airlines crash at the Toronto airport last week, Delta has reportedly offered all passengers $30,000 “no strings attached and it does not affect rights”.    Offers like this are rare and they raise a lot of questions such as: Is this an admission of liability by Delta?  Can the passengers still pursue legal action against Delta?   Was Delta required by aviation law to make this offer or is it a gesture of good will?  Read on for some answers. Continue reading

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Part of our job is to attempt to keep up with what our opponents (the insurance industry and their lawyers) are thinking and doing.  One of the many ways we try to do that is by reading insurance industry publications such as Claims Journal.  In a recent Claims Journal article, the author interviewed Harish Kapur, CEO of Across America Insurance Services.  Mr. Kapur’s comments are nothing new to us, but they are a good reminder to anyone who is considering filing a personal injury or wrongful death claim.  Here are three key take-aways:

  1. The insurance companies handle injury claims all day-every day, while this is hopefully your one and only injury claim.

Mr. Kapur bragged about his “crack team of in-house adjusters” and how they “have to know everything about the file.”   The insurance adjusters know what information is critical.  They know how to ask questions and frame the narrative during a recorded statement.  They are trained how to interview witnesses and scour the internet for information on you.

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It is hot and humid outside, in other words, it is a Tennessee summer. Many Tennesseans are trying to beat the heat with a trip to their local lake or river.  But before you head out, there are some things you should know.   The 2023 Tennessee Boating Incident Statistical Report has been released and boating accidents have increased.   Read on to learn which bodies of water had the most incidences and fatalities, what day and times are the most dangerous and about Boating Under the Influence laws and penalties.  Continue reading

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For Valentine’s Day, I received a gift card for a spa.  When I began to book an appointment online for the massage, I was asked to electronically sign a Release of All Claims.  Among other things, the Release of All Claims for a massage at this spa stated that if death resulted from the massage, then the spa was not responsible.  There were also other excessive provisions. I declined to sign the Release of All Claims, and the spa was kind enough to refund the purchased gift card, but the outrageousness of their request is not particularly isolated.  Every day, businesses ask their prospective customers to sign releases before providing services or allowing participation in activities.  As such, we thought it would be good to review what exactly is a release of all claims. Continue reading

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Litigation is fighting with rules, confrontation with a referee.  Most people do not enjoy confrontation, and for others, it brings out their worst.   If you are involved in litigation or have a claim that may result in litigation, please take our advice: don’t get cute.  A few news articles lately have shown what happens when people try to get cute during litigation. Continue reading

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Do you know which Tennessee lake has the most boating accidents?   Do you know the most common cause of boating accidents?  Or when boating accidents are most likely to occur?  Or, how many personal watercraft accidents (Jet-Ski, Sea-Doo, etc.) there were last year? Well, the 2022 Tennessee statistics have been released by the Boating and Law Enforcement Division of the The Tennessee Wildlife Resources Agency (TWRA), and we have the answers to these questions and more including when Tennessee law requires you to report a boating accident. Continue reading

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