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
Super Bowl Sunday is almost here. Whether you are an Eagles fan, a Chiefs fan or you are just excited about the dips and commercials, if you are hosting a party, do you know legal responsibilities if you are serving alcohol? What about if your dog bites someone at the party? What about if your buffalo chicken dip gives everyone food poisoning? Read on to learn how Tennessee law handles some of these questions. Continue reading
In subdivisions all around Middle Tennessee, you routinely see teenagers driving golf carts with their friends. At lake communities, neighbors use them to get down to the water and to get to the neighborhood get-together. In downtown Franklin, residents use them to go to dinner. And while golf carts are fun, they can be dangerous. And depending upon how you are using them, you could be breaking the law. In fact, Tennessee law has different requirements depending upon the speed capabilities of the vehicle. Read on to learn more about Tennessee law regarding golf carts and how to protect yourself if there is an accident. Continue reading
Halloween is one week away, and October is Pedestrian Safety Month. That is probably not a coincidence. Of course, pedestrian safety is not just for Halloween or October. The simple truth is that we are all pedestrians. When you drive to Target and get out of your car to walk into the store, you are a pedestrian. When you park in a parking garage in downtown Nashville and then cross the street to go to a Predators game, you are a pedestrian. When you are out for a walk in your neighborhood, you are a pedestrian.
Unfortunately, we have some bad news for all of us. Pedestrian accidents continue to rise. In fact, pedestrian accidents are increasing faster than any other type of traffic death. Almost every hour, a pedestrian is killed in this country and more than 67,000 are injured each year. Read on to learn more about pedestrian accidents and how we can prevent them. Continue reading
Middle Tennessee public and private schools are now back in full swing for the new school year. That means students biking and walking to school as well as children boarding and exiting school buses. Drivers have special obligations towards pedestrians, bikers and around school buses. Would you receive a passing grade if quizzed on these rules? Continue reading
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:
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.
Dogs are often referred to as “man’s best friend”. Apparently, the expression has its origins from an 1870 trial in Missouri, Burden v. Hornsby. Lawyer and senator, George Vest represented a man whose dog, Old Drum, had been shot by a neighbor for allegedly killing the neighbor’s sheep. In his closing arguments, while eulogizing Old Drum, Vest suggested the idea that a dog is man’s best friend.* But unfortunately, that is not always true. In fact, the number of dog bites and dog attacks is increasing. Read on for the surprising statistics and how to prevent dog bites and attacks. Continue reading
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
Recently, several news stories related to safety and injury law caught our attention. We thought we would discuss each one quickly. Let’s get started: Continue reading
The first person killed as a pedestrian in the United States was Henry Bliss. In 1899, Mr. Bliss had just exited a streetcar when a New York City taxi struck and killed him. More than a century later and despite significant advancements in technology and awareness, pedestrian deaths continue to rise in the U.S.. This seems to be a uniquely US problem according to research by Rutgers University and Virginia Tech. After studying 28 years of data and comparing it to four other countries comparable to U.S. in both affluence and travel, the four other countries substantially outperformed the United States in reducing pedestrian deaths. Read on to learn more about the results and ways you can help to decrease pedestrian accidents. Continue reading
Tennessee Injury Law Center