Articles Posted in Lawsuits Arising From Criminal Conduct

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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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Golf carts are no longer just for golf.  If you go to the beach, the lake or even in your own neighborhood subdivision, golf carts are likely to be on the road.  In our little area at Tims Ford Lake, 80% of the residents have a golf cart.  The Days have resisted the trend in an effort to force ourselves to walk more but we are definitely in the minority.   Each year there are approximately 15,000 golf cart injuries.  If you own a golf cart or have been injured in a golf cart accident, you should understand some key legal issues. Continue reading

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Perhaps, too many of us watched an excessive number of Smoky & The Bandit reruns or thought Ricky Bobby of Talladega Nights should be used for driving inspiration.  We don’t know the cause, but we do know this: the South is a dangerous place to drive.  In fact, according to recently released federal statistics, 8 of the top 11 most dangerous places to drive are “southern states”, as that term is defined by the U.S. Census as opposed to the teams currently comprising The SEC.  Read on to learn where Tennessee is ranked and our number one piece of advice on protecting yourself.  Continue reading

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Kristen Chenoweth, the Emmy and Tony winning actress, has a new book out, and this week she has been giving interviews to promote it. In the interviews, she has talked at length about the serious injuries she sustained in an accident on the set of the television show “The Good Wife.” Lighting equipment on the set fell and hit her causing a fractured skull, a fractured rib and nose, broken teeth and other long-lasting injuries. Chenoweth’s Dad counseled her to get legal representation. She did not. She now regrets it. Here are some things you should think about if you are hurt in an accident and are reluctant to seek legal representation. Continue reading

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For years, The Law Offices of John Day has been offering free Uber rides on New Year’s Eve in an effort to combat drunk driving, and we are doing it again this year!  Read on to learn more about the dangers of drunk driving, who is most likely to drive under the influence and how to take advantage of this NYE safe ride home program. Continue reading

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Have you heard about these recent road rage incidences in Tennessee?  Four days ago, a man was shot in the hip in a road rage incident on I-24 in Nashville.  On October 18th, a man in Sevierville got out of his car and started punching another driver and was then shot.  On September 18th, a man was killed and children were injured in a car accident caused by road rage.  A month earlier, in a Chattanooga road rage incident, a man followed a woman and her son home and has now been charged with assault, vandalism and disorderly conduct.  And these are just the ones that made the news!  Road rage problems are plaguing our roads and police are ramping up enforcement in an effort to curtail it.  But do you know what to do to help prevent road rage and how to protect yourself if it occurs? Continue reading

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Here is a statistic that is both tragic and embarrassing for our State: Tennessee has the 3rd most road rage shootings in the nation.  A recent study found that in 2020 three people were killed and 25 injured in roadway gun violence.  In 2021, five people were killed and 2021 injured in road rage shootings.  Of course, these numbers do not reflect the number of accidents caused by road rage or the road rage incidences that resulted in physical violence with things like bats, knifes, bear spray (yes, bear spray), vehicles and objects other than guns.  Let’s take a look at the most common causes of road rage, the civil and criminal penalties for road rage and how to avoid being a victim. Continue reading

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It is fascinating to see what some people search for on the internet.  “I want a lawyer and a sandwich” is commonly searched because of a popular line in the 2011 movie titled Blitz.  A sassy criminal suspect delivers the line in response to being placed in police custody.   Of course, most internet searches focus on more routine and basic legal issues such as “When do I need a lawyer for a car accident?” and “How do I hire a lawyer with no money?” and “Can anyone be your lawyer?”  We have rounded up some of the most common questions and answered them.  Read on. Continue reading

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Deaths related to car, truck and motorcycle accidents increased by 10.5% in 2021, the highest number of deaths on U.S. roadways in a single year since 2005.   Unfortunately, the bad news does not end there.  Pedestrian deaths increased by 13% with 7,342 pedestrians killed in a single year.  Bicyclist deaths increased by 5% with 985 bicyclists losing their lives last year.  Now for the better news, the federal government has taken two significant steps to try to reduce U.S. roadway deaths, and there are steps you can take too. Continue reading

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