Tennessee Injury Lawyer Blog

According to the GMAC National Drivers Test for 2009, about 20.1 percent of all American drivers (roughly 41 million drivers) would not pass a written drivers test if taken today. The results showed that Americans have the most trouble with questions about yellow lights and, not surprisingly, safe following distances.

Unfortunately, state by state rankings place Tennessee near the bottom, ranking number 37 out of all 50 states. New York, New Jersey, and Hawaii had the lowest scores while Idaho, Wisconsin and Montana had the highest.

So why should employers be concerned about such statistics? Liability. In every jurisdiction across the United States, including Tennessee, employers are civilly responsible for the negligent actions of their employees without regard to any fault on the part of the employer. So when employers hire drivers who are unaware of the Tennessee rules of the road, they expose themselves to liability for any potential auto accident in Tennessee.

In legal jargon, the doctrine holding employers responsible for the actions of their employees is called “respondeat superior” (Latin for the “let the master answer”). To find the employer liable under the doctrine, the plaintiff must prove that the employee operated a motor vehicle “during the course and scope” of his or her employment. Some factors establishing this relationship include whether the employee was on the clock, performing a job function, or driving within the geographical limits of employment (e.g., delivering a pizza rather than going to a bar to have a beer).

For those involved in Knoxville car accidents, respondeat superior can be a very useful doctrine. Often, negligent drivers will not have insurance and the injured party’s coverage is just not enough to cover injuries. Given the usefulness of this doctrine and motor vehicle accident attorneys’ willingness to use it, employers should take every reasonable measure to ensure that their drivers are competent and know the rules of the road.

If you have been involved in a Tennessee car wreck with a negligent driver, there’s a strong chance that the driver may have been operating the vehicle within the scope of his or her employment. Pursuant to the doctrine of respondeat superior, you may be able to hold the driver’s employer accountable. Let us know about your Tennessee car wreck so that we can investigate the issue. Call 866-853-2888 to speak with a skilled and experienced Knoxville motor vehicle accident attorney at Baker Associates.

Courts have denied workers’ compensation in Tennessee when workers have misrepresented their physical condition in an application for employment. Employer’s asserting this defense must prove the following elements:

• The employee knowingly and willfully made a false representation as to his or her physical condition, and
• The employer relied upon the false representation, and the reliance was a substantial factor in the hiring, and
• A causal connection existed between the false representation and the injury.

A determination of whether the employee knowingly and willfully made a false statement is a fact sensitive inquiry. Often, the courts will look at the relative intelligence of the employee. In one case, a court accepted the employee’s explanation that he either overlooked or did not carefully read a question on a medical evaluation. In another case, the court found that the employee did not knowingly or willfully misrepresent his prior shoulder injury because the shoulder pain was minimal and had not caused him to miss work.

With regard to the second element, some courts have found an employer’s administering of a pre-employment physical examination as evidence favoring the worker. Although an employee may have misrepresented his or her physical condition, an employer who discovers or should have discovered the condition upon an examination cannot reasonably say it relied on the misrepresentation.

With regard to the last element—causation—the employer must prove that the misrepresented fact relates to the Tennessee personal injury for which compensation is sought. For example, a court recently excused plaintiff’s pre-employment failure to disclose his sarcoidosis because the exposure at the employer’s plant aggravated plaintiff’s asthma, not his sarcoidosis.

If your workers’ compensation claim has been denied based on your alleged misrepresentation, willful misconduct, or failure to provide notice, you will want an experienced Knoxville workers’ compensation attorney with the knowledge and skills to overcome these defenses. Call 866-853-2888 for a free consultation.

Though trampolines provide exercise and fun for children and adults, they also cause a significant number of serious personal injuries in Tennessee. In fact, a study reported in Science Daily showed that almost 250,000 trampoline-related injuries were treated in hospital emergency departments in the United States. About two-thirds of these victims were children aged 14 or younger.

In addition to reckless use of a trampoline, serious personal injuries on trampolines frequently occur as a result of some defect in the product giving rise to products liability in Tennessee.

In fact, the U.S. Consumer Product Safety Commission in cooperation with Skywalker Holdings LLC recently issued a recall for Skywalker’s “13-foot Square Trampolines” due to several reports of straps breaking, creating a potential fall hazard. Sixty thousand of these trampolines have been sold from major retailers nation-wide from January 2007 through February 2009 at a cost between 400 and 500 dollars.

Some common trampoline accident injuries include:
• Muscle damage
• Broken bones
• Dislocations
• Severe head trauma
• Spinal cord injury

If you or a loved one has incurred any of the above-listed injuries, call 866-853-2888 to speak with an experienced Tennessee personal injury attorney.

At Baker Associates, our skilled Gatlinburg personal injury lawyers can help victims to seek compensation for their medical expenses, pain and suffering and several other related costs. In particular, when a trampoline is defective and the defect or flaw results in serious personal injury, our attorneys can help you to hold negligent parties responsible. Please call 866-853-2888 for a free consultation.

In Moore v. City of Manchester, an employee of the City of Manchester received a message that her sister had fallen and injured herself. She decided to leave in order to check on her sister. It seemed luck was not on her side that day when, as she reached her car, she tripped and broke her wrist on the pavement.

The City denied her Tennessee workers’ compensation claim on the grounds that she was on a personal errand. The trial court ruled in the employee’s favor and on appeal, the Workers’ Compensation Panel (“Panel”) affirmed.

In making this decision, the Panel relied on a rule stated in Lollar v. Wal-Mart. In Lollar, the Supreme Court examined a number of parking lot cases and adopted the following rule: “We hold today that a worker who is on the employer’s premises coming to or going from the actual work place is acting in the course of employment. We further hold that if the employer has provided a parking area for its employees, that parking area is part of the employer’s premises.”

Despite what would seem to be a “bright line” rule, the employer argued that the Lollar rule was not applicable because Employee was embarking upon a purely personal errand—to see her injured sister.

Rejecting this argument, the Panel stated, that “[w]hile it is true that Employee was leaving Employer’s premises for a strictly personal reason, the same would be true of any employee who had completed her work day, and was in the process of going home, or going shopping or going to a restaurant.” Naturally, the Panel held against the Employer and levied a fine of $2,500 for bringing a frivolous appeal.

Score one for employees across Tennessee.

If you’ve been injured while at work and face a belligerent employer like the City of Manchester willing to go the distance (i.e., trial) to deny your claim, you will want an experienced workers’ compensation attorney who is also willing to go the distance for you. Call 866-853-2888 today to speak with a skilled Pigeon Forge workers’ compensation attorney at Baker Associates.

What is a suction entrapment accident? It occurs when a person—typically a child—gets stuck to or in a pool drain and held under water by the increased suction that is created when a drain is blocked by the person’s body, hair or clothing. While the force is strong enough to hold an adult under water, children are the usual victims of suction entrapment.

An oft-cited report of suction entrapment occurred in May, 1997, when a 16-year-old New Jersey girl died in a health club spa as she was held underwater by the suction from one of the spa's pumps. In fact, the suction was so strong that between 6 to 8 desperate males couldn’t free her because of the power of the drain suction.

The frequency of this type of wrongful death accident is greater than you might think. According to a 2009 report by the CPSC, suction entrapment accidents have increased over a ten year period. The new data shows that through 1999 and 2008 there were 83 reports of pool and spa entrapments, including 11 deaths and 69 injuries. Since 1999, 14% of the reported suction/entrapment incidents at pools or spas were fatal.

What is responsible for suction entrapment accidents in Tennessee? Suction entrapment incidents are generally caused by defective pool pumps, aging, broken, loose or missing drain covers and poorly designed pools.

Who might be liable? When defective pools, pumps or drains cause death or serious injury, the product manufacturer, pool contractor or installer along with the product distributors and pool maintenance companies may be held liable under Tennessee’s product liability laws.

Owners of private or public swimming pools may also be liable because they have a legal duty to maintain the pools, pool fences, gates, locks, pool pumps and drains in a reasonably safe condition and to take such other reasonable steps to protect against foreseeable risks of Tennessee drowning accidents.

As the summer swim season shifts to high gear, parents, caregivers, and pool owners are encouraged to make safety a top priority as the summer swim season officially opens. Anything less, unnecessarily places people’s lives—particularly the lives of children—at risk. If injured or someone you know has been killed as a result of a swimming pool accident in Tennessee, call the experienced Pigeon Forge personal injury attorneys at Baker Associates for a free consultation.

On May 21, the United States Department of Agriculture in conjunction with Valley Meats LLC, of Coal Valley, Illinois, recalled approximately ten thousand pounds of ground beef products due to possible E. Coli contamination.

Defective food products in Tennessee made with beef distributed by Valley Meats are warned not to consume the beef products made by these brands:
• 3S Brand
• Grillmaster
• J & B
• Klub
• Thick 'N Savory
• Ultimate Brand

Consumers are advised to visit the Food Safety and Inspection Service website for more information.

Common symptoms of E. Coli sickness include bloody diarrhea and dehydration. This bacteria can cause kidney failure and is often lethal to the very young, seniors and persons with weakened immune systems. If you have recently consumed ground beef and are currently experiencing bloody stool and/or dehydration, consult a physician immediately.

After visiting the doctor and receiving treatment, you may wish to consult with Tennessee's experienced products liability attorney to see about recovering any personal and financial injuries resulting from your E. Coli poisoning.

In Tennessee, producers, processors and distributors of defective products may be liable under a simple negligence theory if there is sufficient evidence showing that they breached a duty recognized by law. Regulations and guidelines governing preparation, packaging, distribution and sale of beef products are often evidence of an applicable duty. In all cases, parties have a duty to exercise ordinary or reasonable care to ensure that their products will not cause foreseeable injury.

Producers, processors and distributors of these defective products in Tennessee may also be liable under the state's product liability statutes. Under this theory of liability, simply put, the plaintiff must demonstrate that the product was defective or unreasonably dangerous at the time it left the control of the alleged negligent party.

If you have been injured due to consumption of a contaminated food product, the skilled Gatlinburg personal injury attorneys in Tennessee at Baker Associates can help you receive compensation for your injuries. Call us at 866-853-2888 today for a free consultation.

Last month, we reported that certain manufacturers of over 70 dietary supplements had committed health fraud against consumers by slipping undeclared, active pharmaceutical ingredients into defective products in Tennessee marketed as “dietary supplements.” A listing of the tainted supplements along with the chemicals and associated health risks are still available at the FDA’s website.

If you’re wondering how these dietary supplements have entered the market without detection of unapproved pharmaceuticals and steroids, here’s a brief synopsis. After intense lobbying by the manufacturers of dietary supplements, Congress passed the Dietary Supplement Health and Education Act of 1994 (DSHEA). Under the DSHEA, the FDA regulates dietary supplements as foods—not as drugs. Consequently, dietary supplements, like food, do not require pre-approval by the FDA prior to entering the market.

Yet again, the regulatory gap created by DSHEA has exposed consumers to unapproved substances with risk of personal injury. On May 11, the U.S. District Court for the Eastern District of Michigan entered a consent decree condemning for destruction about $1.3 million worth of dietary supplements because the products do not contain the adequate information necessary to assure consumers that the supplements are not harmful.

The products are distributed by LG Sciences LLC, of Brighton, Michigan and were marketed for use by body builders. They were distributed on the Internet and in retail stores under the names “Methyl 1-D,” “Methyl 1-D XL,” and “Formadrol Extreme XL.” The products contain unapproved steroids that inhibit the activity of the enzyme aromatase. It is not yet known what adverse health effects are associated with the steroids found in these dietary supplements.

Obviously, the de-regulation of the food-supplement industry has proven a disaster—both for the FDA and for consumers across the United States. Widespread public concern, in fact, has resulted in the FDA issuing a final rule, effective 2010, that will change the way food supplement manufacturers do business in the United States.

Until then, we should continue to hold negligent dietary supplement manufacturers and their distributors accountable when personal injuries result. If you have experienced adverse health consequences and believe that they may have been caused by the ingestion of dietary supplements, please contact the knowledgeable and experienced food and drug Knoxville products liability attorneys at Baker Associates today.

Imagine going out onto your deck on a Sunday evening to gaze at yet another dazzling Tennessee sunset, when all of a sudden you hear boards breaking as you fall to the ground below. Sound unlikely?

This type of accident resulting from a defective product in Tennessee is precisely what has happened to at least 37 individuals across the United States.

On May 13, 2009, the FDA issued a recall of “Composite Decks” manufactured by the Nashville-based company, Louisiana-Pacific (LP). The recalled decking presents a risk of serious personal injury because the decking can prematurely deteriorate and unexpectedly break, bringing up many questions of product liability.

To date, LP has received 37 reports of composite decks breaking, which has resulted in 14 injuries, including broken wrists, sprained ankles, lacerations and bruises.

The recall includes outdoor deck board and railings sold under the brand names LP WeatherBest, ABTCo., and Veranda. These defective products are composite products that look similar to natural wood and were sold in various colors. The products were sold at Home Depot (under the Veranda brand) and by other building product dealers (under the LP WeatherBest and ABTCo. brands) from 2005 until August 2008. The cost ranged between $1.50 and $2.25 per linear foot.

If you have been seriously injured as a result of a defective deck or some other faulty product, consult the Sevierville personal injury attorneys who have had great success in helping Tennessee consumers recover substantial awards for their Tennessee slip and fall injuries. Call Baker Associates at 866-853-2888 today.

An employee’s willful misconduct is a legal defense that, if proven, operates to cut off the employer’s liability in a Tennessee workers’ compensation case.

In pertinent part, the law on willful misconduct reads:

“No compensation shall be allowed for an injury or death due to the employee’s willful misconduct or intentional self-inflicted injury…If the employer defends on the ground that the injury arose in any or all of the ways stated [above], the burden of proof shall be on the employer to establish such defense.”

The three elements the defendant employer must prove to establish willful misconduct for purposes of the statute are:

(1) intention to do the act,
(2) purposeful violation of orders, and
(3) an element of perverseness.

The recent Tennessee case, Civil Constructors, Inc., v. Haynes, illustrates how the law can operate to bar a Tennessee workers’ compensation claim. On June 16, 2006, Mr. Haynes, a dump truck driver, attempted to empty a load of dirt from a berm created for that purpose. As he was backing up onto the berm, his truck became unsteady and overturned. He sustained severe injuries to his shoulder, sternum, ribs and back.

Ordinarily, these would be the type of injuries covered under Tennessee’s workers’ compensation laws. However, the employer successfully argued that employee’s injuries were a direct result of his own willful misconduct.

First, Mr. Haynes had damaged a dump truck a few months earlier by attempting the same feat. Second, two supervisors testified that they had told him not to dump dirt from that specific berm. Third, a co-employee testified that he warned him not to do it. Consequently, the trial court found that all three elements of willful misconduct had been established.

The facts of Haynes demonstrate that the Tennessee workers’ compensation system is not a strict no-fault system. As such, injured employees must often overcome a variety of defenses put forth by an employer or insurance carrier unwilling to compensate them for their on-the-job injuries.

If faced with an employer or compensation carrier unwilling to compensate you for your claims, you will want skillful and experienced representation. The skilled Knoxville workers’ compensation attorneys at Baker Associates can help. Call 866-853-2888 for a free consultation.

Last week, Baker Associates reported on the strangulation risks presented by drawstrings in children’s outerwear. Due to a rise in recalls of child-related products as of late, this blog entry provides some basic information on some of the more recent recalls of defective products relating to product liability in Tennessee presenting an immediate risk of severe personal injury to children.

Draw String Strangulation Hazard - In addition to Pumpkin Patch’s recent recall of it rain coats, a recall has been issued for Jason Evans’ “Children’s Hooded Jackets with Drawstrings.” These jackets are sold at Burlington Coat Factory.

Lead Paint Exposure - Despite the federal ban, overseas manufacturers continue to expose our children to toxic lead paint. The following products have been recalled because they contain lead paint: Action Products International’s “Children's Jewelry Craft Kits” (the lobster clasps and the Abalone necklace pendant); DND Imports’ “Dinosaur Play Sets” (the surface paint on the monkey figure); SportsPlay Equipment’s playgrounds (handrails and posts).

Choking Hazards - Products recalled due to choking hazards include: Ambler Mountain Works’ “Children's Knitted Hats” (eyeballs on the Erwin Beanie and octopus legs on Poseidon Beanie can come loose); Gap’s “Children’s Coats” (toggles can break and detach); Tupperware’s “Toy Maracas” (maracas can break into small parts); CARS’ children’s shoes sold exclusively at Wal-Mart (wheels can detach).

Entrapment Hazards - Jardine has expanded recall of its cribs sold at Babies’R’Us because the slats can break, which create a gap presenting an entrapment and strangulation hazard to infants and toddlers.

If your child has been seriously injured because of a defective product in Tennessee, please don’t hesitate to enforce your rights under the law. Call 866-853-2888 today to speak with an experienced Sevierville defective products attorney at Baker Associates.

The FDA has issued a warning to consumers to immediately stop using Hydroxycut products because they have been associated with liver damage requiring liver transplant. One death has been reported.

Hydroxycut products are dietary supplements marketed for weight-loss and energy enhancement. They are made by Iovate Health Sciences Inc., of Oakville, Ontario, and distributed by Iovate Health Sciences USA Inc. of Blasdell, New York. They are marketed under the brand names Iovate and MuscleTech.

Defective products in Tennessee recalled under the FDA warning include:
• Hydroxycut Regular Rapid Release Caplets
• Hydroxycut Hardcore Drink Packets (Ignition Stix)
• Hydroxycut Max Drink Packets
• Hydroxycut Liquid Shots
• Hydroxycut Hardcore RTDs (Ready-to-Drink)

Symptoms of liver injury associated with the use of Hydroxycut products include jaundice (yellowing of the skin or whites of the eyes) and brown urine. Other symptoms include nausea, vomiting, light-colored stools, excessive fatigue, weakness, stomach or abdominal pain, itching, and loss of appetite.

You should consult a medical doctor if you have taken a Hydroxycut product and experienced any of the symptoms described above. If you are diagnosed with liver damage, call 866-853-2888 to speak with an experienced Knoxville personal injury attorney at Baker Associates.

Compensatory damages are awarded to injured persons to make them whole again. Such damages include awards for property damage, medical bills, out-of-pocket expenses, and pain and suffering. Sometimes, however, compensatory damages are not enough. Some behaviors are just so reckless or malicious that something more should be done to ensure that such course of conduct does not happen again. The remedy under these circumstances is an additional award to the plaintiff of punitive damages, which often equals or exceeds the total compensatory damage award.

The Tennessee Supreme Court has said that punitive damages “are awarded in cases involving fraud, malice, gross negligence or oppression; or where a wrongful act is done with a bad motive or so recklessly as to imply a disregard of social obligations; or where there is such willful misconduct or entire want of care as to raise a presumption of conscious indifference to consequences.”

In Tennessee car accident cases, punitive damages are often awarded when the defendant motorist’s conduct amounts to “gross negligence” or “conscious indifference to consequences.” The behavior of the defendant in Sakamotor v. N.A.B. Trucking Co., Inc., is a good example of gross negligence. In that case, the defendant trucker attempted to make a u-turn in the northbound lane of Interstate 75 because he had missed the exit where he liked to eat his breakfast. As he attempted to make the u-turn, the plaintiff collided into the side of the tractor-trailer causing serious personal injuries.

Driving while intoxicated is a good example of conduct amounting to conscious indifference to the safety of other motorists. While several jurisdictions require proof of an additional reckless act, a punitive damage award in Tennessee requires only that the defendant was legally intoxicated.

Reckless drivers who consciously disregard the safety of other motorists deserve an aggressive response. If you have been seriously injured because of a reckless driver, don’t hesitate; call 866-853-2888 to speak with a skilled auto accident attorney in Pigeon Forge at Baker Associates.

Under the Tennessee workers’ compensation system, a mental disorder may be covered as an “injury” if it also arises out of the workers’ employment. In the typical case, the injury is a mental disorder caused by a traumatic physical event happening at work.

Mental disorders that have been found compensable include post-traumatic stress syndrome, traumatic neurosis, psychosis, and severe depression.

While other jurisdictions have held otherwise, a worker may also recover for mental disorders that result from emotional stress or strain so long as the worker proves that his or her personal injury in Sevierville was caused by a specific event or series of events of a dramatic or unusual nature.

Events suggested to be of a dramatic and unusual nature by the Tennessee Workers’ Compensation Panel include fright, shock, and excessive and unexpected anxiety. Termination, however, has been held as an insufficient stimulus by the courts.

Moreover, the worker may not claim that a mental disorder resulted from generalized working conditions. In Jose v. Equifax, for instance, the worker’s claim failed because he alleged that his job as a claims representative subjected him to tremendous pressures and tensions resulting in a severe psychiatric illness, which in turn resulted in habitual alcoholism.

If you have sustained a mental disorder causally related to a singular event or series of events that happened at work, you may be entitled to compensation for wages and any related health expenses. To learn more, call 866-853-2888 to speak with an experienced Tennessee workers’ compensation attorney at Baker Associates.

In the law of negligence, an individual is liable for the personal injuries of another only if he has breached a duty of care owed to that person. Generally speaking, the individual only has a duty to refrain from engaging in “misfeasance.”

Misfeasance may be characterized as an action taken by a person creating a risk of harm foreseeable to an ordinary person. For example, a person changing lanes without checking his mirrors or blind spots engages in misfeasance because his actions create an obvious (foreseeable) risk of a motor vehicle accident in Tennessee.

On the other hand, individuals are not typically liable for “nonfeasance.” Nonfeasance may be characterized as a failure of an individual to act in such a manner that would save another from personal injury or wrongful death in Knoxville. For example, nonfeasance would be a failure of an individual to call 911 upon observing an assault on another in a grocery store parking lot.

Surprisingly, this failure to act (nonfeasance) would not give rise to a legal duty unless there was some special relationship between the victim and the person failing to act.

“Special relationships” recognized by law reduce the harshness of the “no-duty to act” rule. In Tennessee, special relationships include parent/child, police officer/person-in-custody, rescuer/rescued, and landlord/tenant. To illustrate, in a 2008 opinion, the Supreme Court reversed the decision of the lower court because it failed to recognize that the landlord had a duty to protect tenants from those who had previously committed violent acts on the premises.

If you have been seriously injured because of a person’s negligent act or omission, learn more about your rights by calling 866-853-2888 to speak with a skilled and experienced Knoxville personal injury attorney at Baker Associates.

On April 30, the FDA and CDC announced a general advisory for consumers not to eat raw alfalfa sprouts sold in stores and served in restaurants. Since mid-March, reports have linked Salmonella serotype Saintpaul contamination with ingestion of these sprouts. Symptoms of salmonella infection include abdominal cramps, nausea, and vomiting. Consumers in Tennessee, particularly young children and the elderly, should avoid eating this contaminated food product until further notice.

Salmonella Saintpaul is a rare strain of salmonella that was linked to the salmonella outbreak of June/July 2008, which made approximately 40 thousand people across the United States sick.

The FDA/CDC investigation indicates that the problem may be linked to contamination of alfalfa seeds. So far, Michigan, Minnesota, Pennsylvania, South Dakota, Utah, and West Virginia have reported 31 cases of the illness. However, this number is likely a small fraction of the total number of actual infections due to under-reporting. The FDA has also linked the current infection to defective seeds discovered earlier this year.

The current contamination raises a likelihood of food products liability. The FDA reports that a likely cause is the failure of sprout growers to appropriately and consistently follow the FDA Sprout Guidance issued in 1999. The guidance recommends an effective seed disinfection treatment immediately before the start of sprouting and regularly testing the water used for every batch of sprouts for salmonella and E coli contamination.

The fact that this is the second round of contamination this year suggests a pattern of negligent conduct on the part of sprout growers.

Residents in Tennessee who have eaten raw alfalfa sprouts within the past few months and fallen seriously ill may have a Knoxville products liability claim for medical bills and lost wages. Call 866-853-2888 today to speak with one of Tennessee’s skilled personal injury attorneys at Baker Associates.

According to the National Fatality Accident Reporting System (FARS), in 2007, 37,248 individuals died in car accidents. That’s approximately 4 deaths every hour.

What’s responsible? The primary cause of traffic fatalities is reckless and/or negligent driving. Alcohol was involved in a substantial number of fatal car crashes. In 2007, an estimated 12,998 people were killed in crashes where a vehicle operator had a blood alcohol concentration (BAC) of .08 or higher. The good news is that this number is down from 2006 where an estimated 13,491 fatalities occurred as a result of drunk driving.

Teenagers cause the most traffic fatalities due to inexperience, irresponsible behavior, and a lack of respect for safety and traffic rules.

Not surprisingly, inattentiveness of drivers is yet another culprit of traffic fatalities and cases of personal injury in Tennessee. Just the other day, I saw a man speeding in the left-hand lane of I-40 while reading a fully-opened newspaper. Moreover, many people talk while driving—to passengers and on the phone. And, we all know about the Legislatures’ concern over people driving while texting!

Car accidents in Tennessee and throughout the country can be very traumatic and sometimes affect people for the rest of their lives. Not only can serious personal injury and death result, but mental stress and family strain too.

Those who negligently and recklessly cause these injuries should be held accountable. If you or a loved one has been involved in a Tennessee motor vehicle accident, call 866-853-2888 to speak with the skilled car accident and wrongful death attorneys in Knoxville at Baker Associates.

Total or partial loss of the use of certain body parts resulting from a work-related accident entitles the injured worker to permanent partial disability under Tennessee’s workers’ compensation laws.

Body parts covered under the workers’ compensation system are called “scheduled members” and include arms, legs, toes and fingers. Each scheduled member is assigned an arbitrary numbers of weeks for which the injured worker can be compensated. The worker is entitled to the number of weeks assigned multiplied by 2/3 of the workers’ average weekly wage.

For example, the total loss of the use of a hand entitles the worker to 2/3 of his average weekly wages multiplied by the number of weeks assigned for the use of a hand, 150 weeks. Thus, if the worker averages 500 dollars a week and loses his hand in a work-related accident, he should be compensated 50,000 dollars (2/3 x $500 avg. weekly wage=$333.3 x 150 weeks=$50,000).

For permanent partial loss of a scheduled member, however, the law calls for a proportionate award based on a percentage of the number of weeks assigned to the body part.

A determination of loss of use is generally based on a medical expert’s assessment of anatomical or medical disability. Vocational experts are also used for this purpose.

The degree and permanency of the personal injury experienced due to the loss of a limb is determined by a workers’ compensation specialist. If the determination is disputed, the worker can then bring his/her case before a court.

From the point of injury, the worker is advised to seek out competent representation. For a free consultation, call 866-853-2888 to speak with a skilled and experienced Sevierville workers’ compensation attorney.

Now that spring has (finally) arrived, motorists have to exercise greater caution due to the increasing number of bicyclists on Tennessee roads. To be sure, a majority of Tennessee bicycle accidents are caused by motorist negligence; however a small fraction of bicycle accidents occur each year as a result of defective bicycles or bicycle parts. This blog entry provides detailed information on three current nationwide bicycle and bicycle part recalls.

Two bicycle manufacturers have produced defective handlebars that have broken and caused serious cases of personal injury in Tennessee to bicyclists. The first, Salsa Bicycles, has recalled over 8,000 bicycles due to the risk of its handlebars cracking or breaking. So far, there have been three reports of defective handlebars resulting in falls. One incident led to the rider falling off his bike and breaking his wrist.

The Salsa Bicycle recall involves all “CroMoto SUL” stems sold as individual aftermarket units as well as several models of complete Salsa bicycles (Ala Carte, El Mariachi, Casseroll Triple, Casseroll Single and La Cruz). The aftermarket bicycle stems are black and have the word “Salsa” painted on the bar.

Specialized Bicycle Components, Inc., is the second manufacturer of defective handlebars. It has issued a recall of its 2009 model bicycles because of the risk of the handlebar breaking and causing a fall. The recall involves these bikes: Cross Trail Comp, Myka HT Comp, Myka HT Elite, Rockhopper, Rockhopper Comp and Rockhopper Comp 29. 14,000 of these bikes have been sold to date. Specialized has received only one report of a fall, but the accident caused the rider to suffer severe head trauma and a puncture wound to the arm.

Specialized has also issued a recall of its Roubaix Comp and Roubaix Pro bicycles because of the risk of the cable-stop loosening and causing a fall. 3000 of these bikes have been sold nationwide, and the company has received two reports of falls. The reported incidents of product liability have resulted in bone fractures to the riders, which required medical attention and surgery.

Those who own these defective bicycle products in Tennessee are asked to stop using them immediately and contact the authorized dealers for a free inspection and replacement of the bicycle or part. However, if you or a loved one has been seriously injured as a result of a defective product, please contact a skilled Knoxville product defect attorney who will help you explore your legal rights and options. Call 866-853-2888 today for a free consultation.

The skilled Tennessee defective products attorneys at Baker Associates are closely monitoring the recent FDA recall of pistachio products believed to be contaminated with a strain of the Salmonella virus. So far, recalls have been issued for over 1 million pounds of products containing pistachios distributed by Setton Pistachio of Terra Bella, Inc. These pistachios were used as ingredients in a variety of foods and were sold in bulk to companies.

Since early March, the list of recalled pistachio products—too long to be reproduced here—has grown daily. Some notable brands include:
• Harry and David
• Archer Farmers (Target’s brand)
• Frito-Lay
• Kroger brand
• Publix
• Sam’s Choice
• Planters
• Deerfield Farms Mediterranean Fruit and Nut (sold at Walgreens)

If your cupboard contains a product containing pistachios from a brand not listed above, be sure to contact the retailer to find out if it is under the recall.

Tennessee salmonella pistachio or nut lawsuits have three basic “elements” of proof:
1. You were in fact infected with salmonella (aka salmonellosis). Salmonellosis is confirmed typically by stool sample.
2. The ingestion of the pistachio product caused the infection. Establishing that ingestion of pistachios caused the infection is important because infection can come from many different sources.
3. You suffered economic and/or personal injury.

If you are experiencing symptoms of Salmonella (such as diarrhea, nausea or abdominal pain), you should consult your doctor. If possible, you should ask your doctor for a stool sample in order to confirm whether you have a Salmonella infection. Remember, your case depends on having been diagnosed with salmonellosis by a healthcare professional.

As soon as you have been diagnosed with a salmonella infection, please call our experienced defective products attorneys in Knoxville toll-free at 866-853-2888.

The recent accident involving Cleveland’s star receiver, Donte Stallworth, and a pedestrian demonstrates some of the rights and duties a pedestrian has with respect to crossing the street. It further highlights the duty all drivers have to exercise due care in preventing motor vehicle accidents in Tennessee.

In Miami on March 14, 2009, at approximately 7 a.m., Mr. Stallworth crashed his Bentley into 59-year old Mario Reyes, resulting in the pedestrian’s death. Reportedly, Mr. Reyes was attempting to cross a major causeway without using the nearby crosswalk. Apparently, Mr. Stallworth saw Mr. Reyes because he later stated that he honked twice and flashed his lights in an attempt to warn Mr. Reyes of his oncoming car.

Mr. Stallworth’s statements seem odd because if he had the time to honk and flash his lights, he almost certainly had the time to brake. So why has Mr. Stallworth made such a strange defense? Perhaps he is already thinking about how to shield himself from liability for the death of Mr. Reyes.

If the family of Mario Reyes brought a wrongful death action in Tennessee, Mr. Stallworth would almost certainly bring up the fact that Mr. Reyes failed to stay in the crosswalk and proceeded into the road with knowledge of an oncoming vehicle. Thus, under Tennessee’s comparative fault defense, any judgment award resulting from a personal injury claim could be reduced by that percentage of fault attributed to Mr. Reyes.

However, while pedestrians have a duty to stay within the crosswalk and yield to oncoming vehicles, operators of vehicles have a greater duty to exercise due care and keep a look out for pedestrians. Thus, if this case were prosecuted with an experienced Tennessee personal injury attorney, Mr. Stallworth would likely be on the hook for the death of Mr. Reyes even though Mr. Reyes apparently broke a rule regarding staying within the crosswalk when one is provided.

For pedestrians and drivers alike, it is important to realize that each has rights and duties with respect to the other. If you have been injured in a parking lot or while attempting to cross a street, you may be able to recover for your injuries. Don’t sleep on your rights; call 866-853-2888 today to speak with one of Knoxville’s experienced car accident attorneys.

The rules of the road applicable to drivers in Knoxville seem to apply differently to police officers—even when they are not operating their blue lights and sirens. To be sure, the rules of the road should not always apply to officers when there is an emergency situation, but what about when the officer is moving through traffic at excessive speeds when there is no apparent emergency?

Perhaps the attorneys for Shatona Evette Robinson are asking that very question. On March 30, 2009, Officer Proctor of the Charlotte-Mecklenburg police in North Carolina was driving to assist another officer on a routine traffic stop. To catch up with the other officer, Officer Proctor exceeded the 45-mph speed limit without turning on either his blue lights or sirens when all of a sudden his patrol car collided with Ms. Robinson’s car. Ms. Robinson was killed and three of her passengers were injured.

Similar to Tennessee law and TDOT general orders, North Carolina law requires that emergency vehicle operators obey posted speed limits unless their vehicle's blue lights and sirens are activated. If the blue lights and sirens are not on, then the officer is in breach of his or her duty to exercise reasonable care while driving. And, for anyone that has been following this Tennessee personal injury blog knows, where there is a breach of a duty, there is liability.

Let’s take a closer look at Tennessee motor vehicle accident law—specifically T.C.A. 55-8-108. Under this law, a driver of an emergency vehicle may proceed past a red stoplight or stop sign without stopping, exceed speed limits, or disregard the movement of traffic if, and only if, 1) he or she exercises due regard for the safety of others, and if 2) he or she is operating his blue lights and sirens.

Furthermore, an officer in pursuit of a suspect is not relieved of his or her duty to exercise regard for the safety of all persons. However, the officer and the municipality or state is not liable for injuries to a fleeing suspect. The officer is also not liable for injuries to innocent third parties (such as a passenger in the suspect’s car), but only if the officer was not negligent in the exercise of her duties.

What this simply means is that operators of emergency vehicles are generally held to the same standards as ordinary drivers. If you have been injured in a Tennessee motor vehicle accident with an emergency vehicle, learn more about your rights by calling 866-853-2888 to speak with Knoxville's skilled auto accident lawyers at Baker Associates.

Under Tennessee premises liability law, defendant storekeepers are not insurers of their patron’s safety. Indeed, the opposite view would unfairly expose an otherwise diligent shopkeeper to unlimited liability. Therefore, to be held liable for an injury resulting from a Tennessee slip and fall accident, the shopkeeper must have actual or “constructive knowledge” of a slippery condition. This means that the defendant either knew or should have known of the hazard prior to the injury’s occurrence.

Trying to figure out what somebody actually knew, however, can be an impossible task. It can also be difficult to find evidence that the defendant had constructive knowledge. To prove the defendant should have known of a hazard, the plaintiff often has to show how long the slippery condition had existed prior to injury or the proximity of an employee to the hazard.

But, is this fair where the shopkeeper or an employee directly creates a dangerous condition in the store such as to make it reasonably foreseeable that the acts of third parties will create a dangerous condition or defect? For example, one would think a shopkeeper is not liable for falls that occur in a parking lot due to another customer’s oil-leaking car. But, what if the store owner routinely allowed delivery trucks to park in front of the store and the trucks were known to leak oil? Should the unwary customer in that situation be left without a remedy where the shopkeeper has negligently permitted a slip and fall hazard to be created by another?

Well, the Tennessee Supreme court recently said no in Blair v. West Town Mall. Adopting what is called the “method of operation” theory, the Court held that in premises liability cases, a plaintiff “may attempt to establish constructive notice of the presence of a dangerous condition by showing a pattern of conduct, a recurring incident, or a general or continuing condition indicating the dangerous condition's existence.” In other words, shopkeepers may be responsible under strict liability tort in Tennessee for a method of operation that creates a reasonably foreseeable slip and fall hazard.

Just because no one was there to see you fall doesn’t mean you’re out of luck. A shopkeeper has a duty to exercise reasonable care under all the circumstances. If the shopkeeper knows that other customers or employees have created risks that are preventable, he may indeed be liable to you for your injuries.

If you’ve been injured in a Tennessee slip and fall accident, call 866-853-2888 to speak with one of Baker Associates’ skilled personal injury attorneys in Gatlinburg.