Injury Cases

July 31, 2020

Boating Safety During A Pandemic

In Chris Janson’s summertime anthem “Buy Me A Boat”, he sings: “I know what they say; money can’t buy everything, maybe so, but it can buy me a boat.” Well Chris, maybe not during a pandemic. As folks look for ways to beat the heat and enjoy some socially-distanced fun, boat dealers are seeing historic sales. More than 70% of boat dealers are reporting they are completely out of inventory or extremely low. First-time boat buyers account for a lot of the boom, which has raised concerns about safety on the water. There is still plenty of boating season left, so if you are considering buying a boat and a truck to pull it, please forego the Yeti 110 iced down with silver bullets and read on to learn about some other key safety issues as well as liability and insurance issues.

July 24, 2020

Don’t Believe Everything You Read (Or Sign)

by The Law Offices of John Day, P.C.

Right now on Amazon, for $18.95, you can buy a large neon yellow sign with bold black lettering that that reads: “Not responsible for cars or personal property lost or stolen or for injury to persons, car or personal property on premises.” Just imagine, for less than $20, you can insulate yourself from all liability to anyone for anything. Why doesn’t everyone have one? Attempting to avoid blame or responsibility is nothing new. As my husband has aptly stated, Adam blamed Eve and Eve blamed the serpent. But can individuals and businesses avoid responsibility for the harm they cause by simply posting a sign or having folks sign a broadly-worded release? Continue reading

July 16, 2020

Water Safety: Swimming Pools

by The Law Offices of John Day, P.C.

Mercy, it is hot. The heat index in Middle Tennessee is 105 and other parts of the State are under a heat advisory. A natural place to cool off is the pool. But let me tell you a scary story to remind you of the importance of pool safety.

One Saturday, when our daughter Kate was a toddler, I was making banana pudding and Kate was in the kitchen with me. After she wandered out of the kitchen, I noticed the quiet, which is always a red flag for parents of toddlers. I washed my hands and went to look for her. I went to the sunroom and the door to the pool was open. My heart stopped and I could not breathe. I raced to the door and blessedly found Kate sitting on the edge of the pool splashing the water with her feet – oblivious to the danger. Someone had left the sunroom door open and she had ventured out. It happened so quickly. Thankfully, Kate was fine. Even though she had successfully completed a water survival class, that scene is etched in my mind and it is still upsetting to think of what could have happened. After that, we made some changes to improve water safety at our house. Here are some tips that you should consider if you own a pool or regularly visit one: Continue reading

July 7, 2020

Car Accidents and Black Box Data

by The Law Offices of John Day, P.C.

In airplane accidents, investigators and experts often refer to “black box data”, and that terminology has carried over and is sometimes used in the context of car accidents too. However, in car and truck accidents, the more accurate description of black box data is Event Data Recorders (EDR). Of course, nothing is ever quite that simple because some experts and manufacturers refer to an Event Data Recorder more specifically as an Airbag Control Module (ACM), Restraint Control Module (RCM) and System Diagnostic Module (SDM), etc. But regardless of what you call it, these devices can be invaluable in determining what happened in a car or truck accident. Read on to find out how EDRs came into existence, how they work, what information they record and why it is important to know what to do immediately after an accident so that this valuable information is not lost. Continue reading

July 2, 2020

COVID-19 Closings Could Lead to More Outbreaks of Legionnaire’s Disease

by The Law Offices of John Day, P.C.

The ramifications of the COVID-19 outbreak just keep coming it seems. As businesses and schools closed in response to the pandemic, many buildings have set dormant and without the same level of maintenance that they receive under normal conditions. As a result, the Centers for Disease Control and other experts are concerned we could see more cases of Legionnaire’s Disease. Do you know how Legionnaire’s Disease is contracted? Do you know its symptoms? Do you know who is most at risk? Continue reading

June 26, 2020

Coronavirus Chaos for Commuters

by The Law Offices of John Day, P.C.

First, the problem was an increase in reckless driving. As a large number of commuters began working from home, many drivers saw the decreased congestion on the roads as an opportunity to turn into Mario Andretti. As a result, the number of fatal accidents increased markedly. Now, as more people are returning to work in some places, two new issues confront commuters. Continue reading

June 10, 2020

June 11th – National Make Life Beautiful Day

by The Law Offices of John Day, P.C.

Well, we could all certainly use some more beauty in our lives these days. We often think of beauty as a physical attribute but it is so much more. Kindness is beautiful, justice is beautiful, truth is beautiful, courage is beautiful and so many more things. In honor of National Make Life Beautiful Day, we wanted to announce another give-away from our office. On June 27^th, we are going to be giving away 1,000 washable cloth masks from the parking lot of our Murfreesboro office. Just drive through and get a free mask. More details are below. In addition, below are some easy suggestions on how you could make life beautiful tomorrow, and we would love for you to comment with some suggestions of your own. Continue reading

June 3, 2020

Buyer Beware: Do You Really Know What Is in Some Injury Lawyers’ Fee Agreements?

by The Law Offices of John Day, P.C.

Last week, we were asked to review another’s firm’s contingent fee agreement in a medical/nursing malpractice case. We will not name names, but we will say we were shocked by some of the provisions this particular injury law firm was putting in its fee agreements with its clients. Continue reading

May 21, 2020

Memorial Day Boating Safety Tips

by The Law Offices of John Day, P.C.

It is hard to believe it is Memorial Day weekend. If you are like me, you have been suffering a certain level of time disorientation courtesy of the pandemic. One day inexplicably races by and some weeks feel like they lasted a year. Nonetheless, here we are – Memorial Day weekend. Typically, this is a heavy travel weekend but this year experts predict folks will stay close to home and visit local parks, rivers, lakes or just their own backyard. Whether you are towing your own boat to the river, renting a boat from a lake marina or heading to your lake house or cabin, we wanted to remind you of some incredibly important safety tips as the boating season officially gets underway: Continue reading

May 14, 2020

Strange Days, Indeed – Memorial Day 2020

by The Law Offices of John Day, P.C.

If you need further proof of these strange times, Memorial Day weekend may be Exhibit No. 15,643,782. For decades, AAA has issued travel forecasts for Memorial Day weekend, but it will not this year because all of the normal predictors it uses for its models are not reliable in the face of the pandemic. So what do the experts think this Memorial Day weekend will look like travel-wise? Continue reading