Tennessee Injury Lawyer Blog

In conjunction with The U.S. Consumer Product Safety Commission, EB Brands has voluntarily recalled its rubber fitness balls sold in 55-, 65- and 75-cm diameter sizes because of faulty instructions. The fitness balls are sold under the brand names Bally Total Fitness, Everlast, Valeo, and Body Fit.

The fitness balls were sold with a pump and inflation instructions. The inflation instructions were inadequate because they didn’t contain an over-inflation warning and the recall has consumer protection in mind.

An overinflated fitness ball can unexpectedly burst while in use, which can cause the user to fall to the floor. In fact, reports of fractures and multiple bruises have been reported in at least 50 incidents across the country.

Under Tennessee products liability law, instructions and product labels must be adequate in identifying the dangers posed by a product. A U.S. District Court recently defined the warning requirement “as one calculated to bring home to a reasonably prudent user of the product the nature and the extent of the danger involved in using the product.”

If you have unexpectedly been hurt as a result of the use of a product, your personal injuries may be compensable under Tennessee’s product liability laws. Don’t sleep on your rights; Knoxville's experienced personal injury attorneys at Baker Associates can help. Call 866-853-2888 today for a free consultation.

The recall of Cub Foods’ olives because of possible glass particle contamination brings to mind Tennessee’s defective products liability law regarding the responsibility of manufacturers and restaurants for serious personal injuries caused by the ingestion of such things as bone, glass, or metal. Essentially, the law is the same for foreign objects as it is for food poisoning. The plaintiff must prove liability either on a simple negligence or a strict liability theory.

If applying a simple negligence theory, the plaintiff must establish that the food manufacturer or restaurant that distributed or served the food breached a duty owed to the customer, the breach of which caused the injury. This duty is defined as the duty to exercise ordinary or reasonable care to ensure that the product will not cause foreseeable injury. This duty includes employing all reasonable, scientific and/or up-to-date methods to eliminate the presence of an injurious foreign object.

Under Tennessee strict product liability theory, however, the plaintiff does not have to establish a duty of care or that the defendant breached a duty owed. Rather, the plaintiff must demonstrate that the food product placed on the market caused the injury. While deceptively simply, there is a catch (which also applies under the negligence theory): the plaintiff must show that the product was defective or unreasonably dangerous at the time it left the control of the manufacturer or food server. This can be tricky especially where the food has been placed on a buffet and some time has passed before the plaintiff consumes the contaminated food.

Plaintiffs across the country have recovered for injuries resulting from ingesting such foreign objects as glass, nails, bones, and insects. If you or a loved one has ingested a foreign object and sustained a serious personal injury, call Tennessee's skilled personal injury attorneys at Baker Associates for a free consultation.

While a majority of motor vehicle accidents in Tennessee are caused by driver error, a sizable number of these accidents occur as a result of a mechanic’s negligent repair or inspection of the vehicle. If a mechanic failed to repair or inspect your vehicle and that failure contributed to a motor vehicle accident, he or she may be liable in tort for any personal injuries resulting from the mechanic’s negligence.

In an action for negligent repair, the plaintiff must plead and prove 1) the mechanic had a duty to the plaintiff to exercise ordinary and reasonable care, 2) the mechanic was negligent in making the repairs, and 3) the negligence caused the injuries to the plaintiff.

A duty to exercise ordinary and reasonable care typically arises when the defendant mechanic or shop agrees to fix the vehicle. Reasonable and ordinary care and skill is that degree of care and skill normally possessed and exercised by persons in the business of making repairs to motor vehicles. In some circumstances, a mechanic’s duty to the customer is higher where the risks associated with failure to repair are high, such as with brake or wheel work, or where the work is covered under warranty.

Once the duty to exercise ordinary and reasonable care is established, the plaintiff must next prove that the defendant failed to meet the standard. Whether the defendant failed to meet that standard will depend on the particular facts of the case, including the nature of the repairs, what the defendant did or failed to do, and the result.

Lastly, the plaintiff must prove that the negligent repair or inspection caused or substantially contributed to the Tennessee car accident. It is not necessary, however, for the plaintiff to prove that the defendant's negligence was the sole cause of the injury or loss.

If your automobile was serviced just prior to a Tennessee motor vehicle accident, the mechanic or repair shop may be liable to you for the property damages and personal injuries you sustained. The experienced Pigeon Forge personal injury attorneys at Baker Associates can help; call 866-853-2888 today for a free consultation.

Since the 1970s, several states have reformed their medical malpractice laws in response to nation-wide concerns over increasing insurance premiums and a belief that physicians leave their specialties and geographical areas because of suits filed against them. Unfortunately, some state Legislatures have gotten over-zealous in reducing the number of “frivolous lawsuits” filed by creating procedural traps that cleanse dockets of both meritorious and non-meritorious claims. Tennessee is no different.

After four amendments to what was originally SB 2001, Governor Bredesen on May 15, 2008, signed into law House Bill 1993, which is now codified as Tenn. Code Ann. sections 29-26-121 and 122. Section 121 codifies a pre-filing notice requirement, and section 122 codifies an expert pleading requirement.

The pre-filing notice provision requires the Plaintiff’s attorney to provide written notice of any potential Tennessee medical malpractice claim to each “health care provider” within 60 days of filing suit. Simply put, a claimant cannot file suit until 60 days has passed from the date of serving notice. During this sixty day period, all parties are entitled to obtain complete copies of claimant’s medical records. Section 121 also provides that if notice is filed, the one-year statute of limitation is “extended up to a period of ninety (90) days” and “applies to all parties and potential parties.” Failure to adhere to similar provisions in other states has resulted in dismissal of the case.

The expert pleading requirements apply after the complaint is filed. Within 90 days of filing the complaint, the Plaintiff’s attorney must file a certificate with the court stating that he or she has consulted with a competent expert. Further, the expert must provide to the attorney a statement indicating that he or she believes there is a good faith basis to maintain the Tennessee medical malpractice action based on available medical information. As with the pre-filing notice requirement, failure to strictly adhere to this provision may result in permanent dismissal of the claim.

Although the Legislature has enacted the new legislation to curb the number of frivolous medical malpractice suits filed in Tennessee, there is a great potential for meritorious claims to get denied simply because an unwary attorney failed to file notice or a certificate of good faith. Don’t risk having your valid medical malpractice claim get dismissed because of a procedural pit-fall; call the skilled Knoxville personal injury attorneys at Baker Associates for a free consultation.

The legal battle over the recent Salmonella contamination of peanut products is in full swing. In March, a total of seven lawsuits were filed by residents across the nation in the United States District Court, Georgia, against the Peanut Corporation of American (PCA) and the Kellogg Company for injuries sustained as a result of consuming peanut products alleged to have been contaminated with Salmonella.

The complaints allege four theories of liability:
• Strict liability/products liability - Plaintiffs alleged that they suffered injury and damages as a result of a “defective and unreasonably dangerous condition of the adulterated food product” that Defendants manufactured, distributed, and sold.
• Breach of express and implied warranties - Plaintiffs alleged that Defendants are liable for breaching express and implied warranties that the food products were suitable for human consumption.
• Ordinary negligence - Plaintiffs allege that Defendants owed a duty to the Plaintiffs to use reasonable care in their manufacture, distribution, and sale of food products. The Defendants breached this duty by failing to prevent the product from becoming contaminated.
• Negligence per se - Plaintiffs allege that Defendants had a duty to comply with all applicable state and federal regulations intended to ensure the purity and safety of their food product.

In an unrelated scare, tainted pistachios produced and distributed by Setton Farms have resulted in product recalls for the following defective products in Tennessee:
• Pistachio products made by the Illinois-based Nut and Candy Company.
• “Roasted Pistachio Whole Kernels” made by Dekalb Farmers Market.
• Pistachio products made by Harry and David.

Food manufacturers and suppliers also have a duty to correctly list ingredients so as to protect people with food allergies. The following defective products in Tennessee have been recalled for failure to correctly list food ingredients:
• Rich Products Corporation has recalled its “Farm Rich Breaded Vegetable Sticks” because the label did not list that it contained egg.
• Lawrence's Delights recalled its “2 oz walnut Baklava” because it contains undeclared peanuts.

If you or a loved one has ingested any one of the products listed above and fallen ill, you may be able to receive compensation for medical bills, time off from work, and other related damages. Call 866-853-2888 to speak with Tennessee’s experienced personal injury attorneys at Baker Associates for a free consultation.

The medical literature is clear: chiropractic neck adjustments carry the risk of stroke. According to the literature, a chiropractor performing a neck adjustment may inadvertently cause a stroke by rupturing the vertebral or the carotid artery. Once bleeding occurs, blood clots form, eventually break off and block blood flow to the brain resulting in stroke.

While there are a small but growing number of cases reported each year, there is a high likelihood that many go unreported. This is due to two reasons. First, the victim of the stroke may suffer irreparable brain damage whereby he or she cannot remember the chiropractic manipulation. Second, the family of a stroke victim is not likely to be aware that a chiropractic manipulation had been previously performed. The family would have no reason to make the connection as to what caused their loved one's serious personal injury.

The next question is whether the risk of stroke is worth it? Chiropractors perform thousands of neck adjustments everyday to treat everything from ear infections in babies to high blood pressure and epilepsy in adults. However, there is no scientific evidence showing any benefit for the majority of ailments treated by neck adjustment procedures.

So, the real concern here should not be the frequency of occurrence, but whether the risk of stroke outweighs the benefits of the neck adjustment. This determination clearly should be made by the patient; but where the chiropractor fails to inform the patient of the risks, the patient’s right to be fully-informed is violated, thus resulting in medical malpractice.

Where there is little or no benefit to a procedure, a complication as severe as stroke or death cannot be risked. If you or a loved one has suffered a stroke, which has occurred within hours, days or weeks following a chiropractic neck manipulation or adjustment, please contact the experienced Pigeon Forge personal injury lawyers at Baker Associates. Call 866-853-2888 for a free consultation today.

In the U.S., we enjoy a robust regulatory system that prevents defective products from reaching the market. Unfortunately, many defective products slip through the cracks every day, risking the health and safety of our families and friends. To protect consumers, the skilled Tennessee products liability attorneys at Baker Associates help to fill in the cracks by diligently working to help you enforce your rights against negligent manufacturers and sellers of defective products in Tennessee.

The following recalled products present significant risks of personal injury in Tennessee and throughout the nation:

Atico International USA recently recalled 500 thousand units of its “Signature Gourmet” and “Kitchen Gourmet” coffeemakers sold exclusively at Walgreens. These coffee makers can ignite due to defective wiring. So far, there have been 23 reports of these coffee makers igniting and causing property damage.

General Electric (GE) has recalled 28 thousand GE Profile “Freestanding Dual Fuel Ranges” because of faulty wiring that has caused at least 14 instances of property damage.

Stanley and Solarwide Industrial have also recalled 78 thousand of their “Stud Sensors 200” and “Stanley Fat Max Stud Sensor 400”. These products can fail to calibrate, which results in conduction of AC electrical current. If it detects AC, a potential shock hazard is created presenting significant risk of serious personal injury to the user. These products have been sold at home improvement and hardware stores across the nation since 2007.

The U.S. Consumer Product Safety Commission has issued a recall for “Zoo” pacifiers made by Healthtex. The nipples on these pacifiers can separate from the base easily and cause a choking accident. 40 thousand of these pacifiers have been sold nationwide in supermarkets and pharmacies.

Don’t let a negligent manufacturer of a defective product take advantage of our regulatory system; if you or a loved one has been injured as a result of a defective product, don’t hesitate to call the experienced product liability attorneys in Gatlinburg at Baker Associates. Call 866-853-2888 for a free consultation today!

Tennessee’s bad faith statute imposes upon Tennessee insurance companies a penalty of 25 percent if a loss covered under the insurance contract occurs and the insurance company refuses in bad faith to pay the loss within 60 days after a demand has been made by the holder of the policy. This means the plaintiff must prove that the insurance company had no legitimate reason for denying the claim. Further, the plaintiff must show that the company’s bad faith inflicted additional expense, loss, or injury. This additional loss requirement is satisfied by proof of any costs associated with having to prosecute the insurance claim in Tennessee.

Estate of Wilson v. Arlington Auto Sales is a good example of a successful case tried in Tennessee courts under the bad faith statute. In that case, the insurance agent represented to the plaintiff that she would be covered under a life insurance contract despite her cancer. When her survivor attempted to make a Tennessee insurance claim under the contract, the insurance company refused to pay the claim without first trying to determine the terms of the contract that had been formed between the deceased and the insurance agent. Based on these facts, the court held that the insurer’s refusal to pay the claim within 60 days of the insured's death was in bad faith and exposed it to an additional liability of 25 percent of her total claim under the insurance contract.

Having acted in bad faith, the insurance company can also be liable under the Tennessee Consumer Protection Act (CPA) for having engaged in “deceptive or unfair” business practices. This is important because the CPA allows an attorney who takes your case to recoup attorney’s fees, which encourages attorneys to take a case even when the claim is relatively small.

If you believe that your insurance company has wrongly denied your claim, you may have a private right of action against your insurance company for breach of the insurance company’s contractual and statutory duty to act in good faith. Enforce your rights under Tennessee law; call the skilled and experienced Knoxville personal injury attorneys at Baker Associates today for a free consultation.

While a majority of motor vehicle accidents in Tennessee are caused by driver error, a sizable number of these accidents occur as a result of a mechanic’s negligent repair or inspection of the vehicle. If a mechanic failed to repair or inspect your vehicle and that failure contributed to a motor vehicle accident, he or she may be liable in tort for any personal injuries resulting from the mechanic’s negligence.

In an action for negligent repair in relation to an issue of product liability in Tennessee, the plaintiff must plead and prove 1) the mechanic had a duty to the plaintiff to exercise ordinary and reasonable care, 2) the mechanic was negligent in making the repairs, and 3) the negligence caused the injuries to the plaintiff.

A duty to exercise ordinary and reasonable care typically arises when the defendant mechanic or shop agrees to fix the vehicle. Reasonable and ordinary care and skill is that degree of care and skill normally possessed and exercised by persons in the business of making repairs to motor vehicles. In some circumstances, a mechanic’s duty to the customer is higher where the risks associated with failure to repair are high, such as with brake or wheel work, or where the work is covered under warranty.

Once the duty to exercise ordinary and reasonable care is established, the plaintiff must next prove that the defendant failed to meet the standard. Whether the defendant failed to meet that standard will depend on the particular facts of the case, including the nature of the repairs, what the defendant did or failed to do, and the result.

Lastly, the plaintiff must prove that the negligent repair or inspection caused or substantially contributed to the accident. It is not necessary, however, for the plaintiff to prove that the defendant's negligence was the sole cause of the injury or loss.

If your automobile was serviced just prior to a Tennessee motor vehicle accident, the mechanic or repair shop may be liable to you for the property damages and personal injuries you sustained. The skilled Pigeon Forge personal injury attorneys at Baker Associates can help; call 866-853-2888 today for a free consultation.

Under Tennessee’s “Lemon Law,” all defects to a new vehicle covered under a warranty shall be corrected by the manufacturer or its authorized dealer at no charge to the consumer. This includes RVs, trucks, cars, motorcycles, and boats.

Sometimes, however, the motor vehicle is simply a lemon and no matter how much work is done, it never works quite right. In this situation, a Tennessee consumer may be entitled to a replacement or a full refund provided certain requirements are met.

First, the motor vehicle has to be a lemon. A car is a lemon in Tennessee jurisprudence when it is “substantially impaired” by a defect. This means that the defect in the vehicle renders it unreliable or unsafe for normal operation, or the defect reduces the vehicle’s resale market value below the average resale value for a comparable motor vehicle.

Next, the consumer must report the defective product and its problem to the manufacturer or the authorized dealer and give them a reasonable amount of time or number of attempts to correct the defect. A reasonable number of attempts is no more than four, and a reasonable amount of time is no more than a cumulative total of 30 days.

As stated, if the vehicle is a lemon, then the consumer is entitled to a replacement or a refund. Sometimes, the manufacturer will dispute the claim on allegation that 1) the nonconformity does not substantially impair the motor vehicle or 2) that the nonconformity is the result of abuse, neglect or unauthorized modifications of the motor vehicle by the consumer.

In the event that the settlement procedure does not render a satisfactory result or there is no provision for a settlement procedure, the consumer may bring his or her dispute before a court. In fact, the Tennessee Legislature has encouraged such practice by allowing the attorney to collect his or her attorney’s fees upon success of the suit and/or permitting suit under the Tennessee Consumer Protection Act, which under certain circumstances, allows the consumer to triple its damages award.

Under the Tennessee Lemon Law you don’t have to settle for a clunker. If you’ve paid good money, sought repairs and the vehicle still doesn’t work right, call the top products liability attorneys in Knoxville at Baker Associates. Call 866-853-2888 today for a free consultation.

Product Liability Update: Unlawful Distribution of Pain Narcotics and Defective BioGlide Shunts Expose Tennesseans to Risks of Serious Personal Injury

The following nine companies have manufactured and distributed unapproved prescription pain narcotics containing morphine sulfate, hydromorphone, and oxycodone, thus posing severe concern for product liability in Tennessee.

• Boehringer Ingelheim Roxane, Inc., Columbus, Ohio
• Cody Laboratories, Inc., Cody, Wyoming
• Glenmark Pharmaceuticals Inc., Mahwah, N.J.
• Lannett Company, Inc., Philadelphia
• Lehigh Valley Technologies, Inc., Allentown, Pa.
• Mallinckrodt Inc. Pharmaceuticals Group, St. Louis
• Physicians Total Care Inc., Tulsa, Okla.
• Roxane Laboratories Inc., Columbus, Ohio
• Xanodyne Pharmaceuticals Inc., Newport, Ky.

By law, narcotics must be subjected to the FDA’s safety and effectiveness standards before going to market because they may be unsafe, ineffective, inappropriately labeled, or of poor quality. Consequently, the above-listed companies have acted unlawfully and exposed people to risks of serious personal injury in Tennessee.

Another product creating potential Tennessee personal injury liability is the BioGlide Ventricular Snap Shunt Catheter (shunt) manufactured by Medtronic, Inc. The shunt has recently been bumped up to Class I status, which means there is a reasonable probability that the use of the shunt will cause serious adverse health consequences or death.

The BioGlide shunt is a component of a ventricular catheter used for the treatment of hydrocephalus (build up of fluid around the brain). This shunt has been found defective and potentially compromises the ventricular catheter.

Consequences for a patient with failure of a ventricular catheter may include: nausea, vomiting, headache, lethargy, change in mental status, seizures, visual disturbance, and other more serious conditions. Patients who have a ventricular catheter and have experienced any of these symptoms should call their physician.

If you or a loved one has experienced serious personal injury as a result of any of the products described in this update of Tennessee product liability, call the top personal injury attorneys at Baker Associates at 866-853-2888 for a free consultation.

A substantial number of Tennessee personal injuries caused by slip-and-fall accidents occur each year as a result of slick floors in grocery stores and restaurants. Many of these accidents could have been prevented if the store employee or manager would have paid more attention to the condition of the floors or simply exercised a little common sense.

To prevent serious personal injuries to customers, Tennessee courts have imposed certain duties upon store keepers because of their superior knowledge of the premises. The breach of these duties exposes the store keeper to liability.

To prove a Tennessee premises liability case involving a slip-and-fall , the plaintiff must establish that the defendant owed the customer (“invitee”) a duty recognized by law. Duties owed to customers include inspecting the premises for slippery substances, placing warning signs where a walking surface is known to be slick, and correcting any slippery condition created by employees or customers.

In addition to establishing a duty owed, the plaintiff must also prove that a hazardous condition existed and that it caused the fall. A hazardous condition may involve a foreign substance on the floor such as vegetable matter, grease, or spilled liquids. Accumulations of water due to rain or product displays are also hazardous conditions commonly resulting in Tennessee slip-and-fall accidents. Store slip-and-fall accidents also frequently result from hazardous conditions due to improper cleaning or waxing of floor surfaces.

The plaintiff must also show either that the defendant—through its employees—created the condition or, if a third party created the condition, that the owner had notice of the hazardous condition. Notice can be proved by considerations of the obviousness of the condition and the length of time the floor was slick.

Proving Tennessee slip-and-fall cases can be a tricky business. Evidentiary issues are complex, and facts can be hard to prove. What you need in these cases are experienced and skilled personal injury attorneys in Tennessee with the necessary ability to be successful in a Tennessee premises liability action. If you have been injured, call the top personal injury attorneys at Baker Associates at 866-853-2888 for a free consultation.

A new set of defective products in Tennessee has created a health scare in Tennessee and throughout the nation.

Several products containing pistachios distributed by Setton Pistachio of Terra Bella, Inc., have been found to be contaminated with the Salmonella virus. The following products have been recalled due to possible contamination:
• Kar Nut Products Company’s Kar’s and Second Nature pistachio products
• Planter’s and Back to Nature’s pistachio products
• Frito-Lay branded in-shell salted pistachios
• Kroger’s “Private Selection Shelled Pistachios”

The recall for food products containing nuts distributed by the Peanut Corporation of America has also expanded due to the threat of Salmonella. The list of potentially contaminated products now includes:
• Wright Popcorn’s 2 1/4oz. “Caramelcorn Bars” containing dry roasted unsalted split peanuts
• Produce Patch’s “Cascade Trail Mix”

The above listed products are potentially contaminated with Salmonella. If you or a loved one has experienced fever, diarrhea, nausea, vomiting and/or abdominal pain after ingesting one of these products, you may have contracted Salmonellosis. If so, after you contact a physician immediately, you should call a skilled product liability attorney in Tennessee. In rare circumstances, infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illnesses such as arterial infections, endocarditis and arthritis.

Cheese manufactured by Torres Hillsdale Country Cheese, LLC, has manufactured Asadero and Oaxaca cheeses that may contain the Listeria virus. The symptoms for Listeria infection were listed in the March 30 entry.

If you or a loved one has ingested any one of the products listed above and fallen ill, you may be able to receive compensation for medical bills, time off from work, and other related damages. Call 866-853-2888 to speak with Tennessee’s experienced personal injury attorneys at Baker Associates for a free consultation.

The Tennessee Consumer Protection Act (CPA) protects you from fraudulent, deceitful and misleading business tactics by permitting what is called a “private right of action.” This means that a suspected violator of the provisions of the CPA may be personally liable to you upon a finding that a business has engaged in unfair or deceptive business practices resulting in economic loss.

The Tennessee Legislature in fact believed so strongly in protecting consumers that it provided, as an added inducement, an award of attorney’s fees should the plaintiff prove that the defendant violated the CPA. Moreover, courts are permitted under the Act to triple your damages award upon a finding of a willful violation with the help of a top personal injury lawyer in Tennessee.

Under the CPA, there are over 33 prohibited business practices. Prohibited practices include bait and switch tactics, false advertising, and negligent misrepresentations (where a seller unwittingly makes guarantees about a product that turns out false). Some more concrete examples of CPA violations include apartment complexes keeping your security deposit without reason, car dealers knowingly selling you a salvaged car, and Tennessee insurance companies denying your claim in bad faith.

While the CPA provides consumer protection in Tennessee to protect individuals from these practices, a potential threat to this protection is on the horizon with the introduction of house bill 1206. Though the CPA has been on the books for over 30 years without any significant modification, this bill would raise significant evidentiary obstacles, making it more difficult for plaintiffs to succeed on a CPA claim. Please call your representative and tell him or her to oppose this bill because it diminishes the long-held protections afforded under the Act.

Deceptive and unfair business practices are prohibited in the State of Tennessee. Don’t sleep on your rights; call the skilled and experienced product liability attorneys in Tennessee at Baker Associates today for a free consultation.

The idea that persons may be civilly liable simply for the violation of a statute or regulation is commonly referred to as “negligence per se” or “categorical negligence.”

Negligence per se is most often used in Tennessee motor vehicle accidents. In cases where the defendant has violated a Tennessee Rule of the Road, courts routinely find negligence on the part of the defendant because the rules were enacted 1) to prevent accidents and 2) to prevent personal injuries to drivers.

While negligence per se generally applies to violations of statutes, a person or entity may also be liable for the violation of regulations and ordinances. Here are two examples:

• The Manual on Traffic Control Devices (MUTCD) has been used as evidence of the standard of care owed by the state of Tennessee to drivers. Under the MUTCD, the state may be liable for deviating from standards pertaining to signs, signals, markings, and other devices used to regulate, warn or guide traffic.

• The Standard Southern Building Code (SBC) has been used as evidence in Tennessee premises liability actions of the standard of care builders and landowners owed to homeowners, customers, and invitees. For example, in a Tennessee slip and fall case, the SBC’s provisions on the proper height and depth of risers (steps) was used as evidence of the standard of care a shop-owner owed to its customer.

If you have been injured you will want a diligent and hard-working Tennessee personal injury attorney willing to scour the numerous and complex statutes and regulations that define and protect your rights. The top Tennessee personal injury attorneys at Baker Associates can help. Call today for a free consultation.

Certain manufacturers of over 70 dietary supplements have committed health fraud against Tennessee consumers by slipping undeclared, active pharmaceutical ingredients into products marketed as “dietary supplements.” The reason these manufacturers have been able to do this is because the FDA does not require approval of dietary supplements prior to marketing.

These tainted weight loss products pose grave risks of personal injury in Tennessee and even death to consumers because there are no warnings or chemical listings on these products. In some cases, the products contain prescription drugs in amounts that greatly exceed the maximum recommended dosages.

A listing of these tainted dietary supplements along with the chemicals and associated health risks are available on the FDA website.

Some notable health risks are:
• Toxic reactions with other drugs
• Fecal incontinence, rectal discharge, and defecation urgency
• Skin and subcutaneous tissue disorders
• Development of gallstones and kidney stones
• Arrhythmia
• Changes in mental status, including suicidal thoughts and aggressive tendencies
• Nausea, diarrhea, headache, insomnia and anxiety
• Dehydration
• Seizures
• Kidney damage
• Coma
• Death

Manufacturers and sellers of these “dietary supplements” may be held responsible for Tennessee personal injury and Tennessee wrongful death, even if there is a product recall or the danger was unknown. In many cases, the failure to foresee potential risks or dangers posed by a product is enough to create liability for both the seller and manufacturer.

Don't make the false assumption that your injury was caused by bad luck. If you feel you have been injured by ingesting tainted dietary supplements, contact the skilled and experienced product liability attorneys in Tennessee at Baker Associates for a free consultation.

Tennessee’s workers’ compensation system was not designed to extend immunity to third parties who have contributed in some way to work-related injuries. For example, the driver who hits a police officer while directing traffic should be liable in tort regardless of whether the officer was on-the-job.

On the other hand, compensation systems were also not designed to allow injured workers what is called a “double recovery”, wherein the worker collects compensation benefits from both the employer (or workers’ compensation carrier) and the tortfeasor (the alleged negligent party).

In the typical case involving third party negligence, the injured person will receive workers' compensation in Tennessee and health benefits from his or her compensation carrier. If the worker is knowledgeable of his or her rights, the worker will also bring a third party action against the third party tortfeasor. The carrier or employer will then join the suit asserting a claim for its compensation outlay. This is called subrogation. If the injured worker is successful in the suit either by settlement or by judgment, the employer/carrier will assert its right of first priority against the award. This is true even when the third party action is brought by the deceased worker’s survivor or representative.

What this all means is that in an action against third parties that have contributed in some way to your work-related injuries, you will want to have a knowledgeable and skilled attorney who will fight to get you a maximum settlement or judgment award. This is true because the employer or its insurance carrier will have first priority, which in many cases means you will be compensated for less than what you would otherwise be entitled to simply because you were injured on the job!

Your best chance at success under these circumstances is to consult Tennessee’s top workers’ compensation attorneys at Baker Associates. Call them today for a free consultation.