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In Auto Accident, Civil Litigation, Personal Injury

Bad Road Conditions- Who is Liable for Car Accident?

Bad Road Conditions- Who is Liable for Car Accident?

Curious about who is responsible for an accident during bad road conditions?

Many of us in Memphis went to bed last night expecting to wake up to a Winter Wonderland. While weather experts predicted several inches of snow and most local schools and businesses announced closures in advance, what we ended up with was just a small dusting of snow. Enough to make our neighborhoods sparkle, but not even enough to build a good snowman.

However, with all the warnings on the news to stay at home and avoid the roads, you might be wondering what the law is concerning car accidents that occur in icy or snowy conditions. What if another driver slides into you, causing significant damage to your car? What about the cars you always see speeding by in icy conditions, without a care in the world? Are they excused from liability just because of the road conditions?

Drivers Are Responsible, Even in Icy or Snowy Conditions

Tennessee Code Annotated § 55-8-136  requires drivers to exercise due care … Read the rest

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January 22, 2016
In Auto Accident, Business Litigation, Civil Litigation, Contracts, General, Personal Injury

Can I Represent Myself in General Sessions Court?

Can you represent yourself in General Sessions Court?

Yes, you may always represent yourself in any court matter – it’s called proceeding pro se.  However, you may only represent yourself.

If the true party in the case is actually a corporation or limited liability company (LLC) – even if you are the sole shareholder/owner/member – then you may not represent “yourself” because, technically-speaking, a business organization is a distinct legal entity separate and apart from you as a natural person.  And unless you are a lawyer, you cannot represent another person or entity, or else you would be guilty of the unauthorized practice of law, and no Judge will allow that.

Should you represent yourself in General Sessions Court?

If you are the party in the case as an individual, or as a sole proprietorship, then you may always represent yourself.  The real question, though, is should you?  Many people believe General Sessions Court is a “small claims court” similar to the TV court shows where two parties stand at podiums and, with great drama, show or tell … Read the rest

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January 20, 2016
In Civil Litigation, Personal Injury

Dog Bite Lawyer: Loose Dogs Can Mean Strict Liability for Injuries.

Dog Bite Lawyer

More advice from a dog bite lawyer. A few days ago, we posted about dog bites that occur on the property of the dog owner and how, in order for the dog owner to be held liable, the injured person must show that the dog owner had some kind of notice of the dog’s dangerous tendencies.  But what happens if, for example, you are walking down the sidewalk or enjoying a run in the park and a dog attacks you? What if your own dog breaks loose, runs away from home, and later bites a stranger down the street?

The Tennessee dog bite statute ( Tenn. Code Ann. 44-8-413) treats dog bites differently depending on where they occur.  Injuries that occur when a dog is running loose in a public place result in the strict liability of the dog owner.   Dog owners have a duty to keep their dogs under reasonable control at all times and to keep them from “running at large.” “Running at large” essentially means the dog is loose and uncontrolled either on public … Read the rest

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January 14, 2016
In Civil Litigation, Personal Injury

Apartment Complex Crime – Memphis Attorneys

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We continue to read about apartment complex shootings in Memphis and can’t help but wonder what kind of security measures were in place at these complexes. Could a more thoughtful security plan have prevented these tragic deaths and injuries?

Recent Apartment Complex Shootings in Memphis

Edison Apartments: Man Shot at Downtown Apartments

Alden Gate Apartments: Two in critical condition after shooting

Abandoned Apartment Complex: Double Shooting at Memphis Apartment Complex

Whitehaven View Apartments: Woman Shot in South Memphis Apartment Complex

Duty to Provide Reasonable Security in Tennessee

Did you know that in TN, apartment complexes usually have a duty to provide reasonable security measures?  Each case is different, but in some cases, a crime victim injured on apartment complex property may be entitled to money damages from the apartment complex or its owner.

Wait a Minute— I Can Recover Against the Apartment Complex Even Though a Criminal Shot Me?

Yes, in some cases.  It depends on the facts of your case and … Read the rest

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January 12, 2016
In Civil Litigation, General, Personal Injury

Tennessee Dog Bite Cases: No “Big Dog” Exception

Tennessee Dog Bite Cases: No “Big Dog” Exception

Our firm handles Tennessee dog bite cases. In the recent case of Moore v. Gaut, the Tennessee Court of Appeals interpreted Tennessee’s 2007 dog bite statute and declined to create a “big dog exception” to the rule generally limiting a dog owner’s liability.

In 1914, the Tennessee Supreme Court ruled that a dog owner is only liable for injuries caused by a dog if the owner knew about the dog’s vicious tendencies.  In fact, contrary to popular belief, there never has been any rule that an injured person prove that a dog previously bit someone before he could recover, although that fact would certainly help to show that a dog owner knew about the tendency of his dog.  In 2007, the Tennessee General Assembly enacted Tenn. Code Ann. § 44-8-413 to address and tweak the law of injuries caused by dogs.  That statute created a distinction between whether injuries by a dog bite occurred on or off the dog owner’s property, for example where a dog is running loose in a … Read the rest

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January 7, 2016
In Civil Litigation, Personal Injury

Do I Have a “Slip and Fall” Claim?

Do you have a slip and fall claim? 

You slipped and fell in a store. You felt embarrassed and hoped no one saw you.  All you wanted was to hurry up and get out of there. Once you reach the privacy of your car, though, you realize you are hurting pretty badly.  But you’re able to drive home where you try to rest, suck it up, and tough it out.  At the urging of a loved one, though, you finally give in and go to the emergency room later that night, or maybe the next day, or a couple days later, because the pain just won’t go away.  Once you get to the ER, tests and x-rays show that you have a small fracture or other problem that will require follow-up care. You begin to wonder if the store is at fault, and whether you might have a claim.

This scenario isn’t uncommon.  Similar thoughts go through the minds of many people who are injured in slip and fall accidents in Tennessee.  To be quite honest, due to the state … Read the rest

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December 30, 2015
In Auto Accident, Civil Litigation, Personal Injury

Medical Care After a Car Wreck

Been in an Accident? Next Steps for Your Medical Care.

We have clients who have been involved in an accident, whether a car wreck, slip and fall, dog bite, or other injury, and they often ask what they should do about medical care, and whether it will hurt or help their court case. Our answer is always the same:  you and your healthcare providers should make your medical care decisions based purely on what’s best for your health.  No claim or lawsuit should ever affect your medical care decision-making.

Many also have questions about what to do immediately after an accident.  Here are some frequently asked questions and our typical responses. However, remember that each case is unique, and our lawyers can help you navigate your individual circumstances. Call us today at (901) 372-5003.

Should I seek immediate treatment for injuries after a car wreck?

Yes.  It is best to seek prompt medical care so that your injuries can be properly evaluated by trained medical personnel.  According to DMV.org, it’s important to understand that you may have an … Read the rest

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December 22, 2015
In Business Litigation, Civil Litigation, General, Personal Injury

Put Up or Shut Up is Back

Put Up or Shut Up is Back

In what is generally viewed as a win for defendants in lawsuits, the Tennessee Supreme Court recently reverted to a more lenient summary judgment standard used by courts in Tennessee prior to 2008.  

A summary judgment motion is a procedural tool where a party (typically a defendant) can ask the court to “short circuit” a lawsuit by asking the court to dismiss the suit because there’s no dispute over any material fact, and the case can be resolved on legal grounds.  In federal court, and in Tennessee state court prior to 2008, a defendant could prevail on a motion for summary judgment by simply pointing out that a plaintiff had insufficient evidence to support his claims, even if the court were to assume that all of that evidence was viewed in the light most favorable to the plaintiff.  In order to survive the motion and keep the lawsuit alive, the plaintiff would have to come forward and identify relevant evidence showing that an actual trial was, in fact, necessary.  This summary judgment standard … Read the rest

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November 14, 2015
In Civil Litigation, Personal Injury

“Neighbors said the complex’s security gate hasn’t worked in quite some time.”

“Neighbors said the complex’s security gate hasn’t worked in quite some time.”

It keeps happening.  Almost every day brings another incident of violent crime in Memphis area apartments.  Apartment residents in Memphis have a right to demand that property managers and owners take reasonable steps to prevent foreseeable crimes on their premises.

Over the last few years, our litigation attorneys are spending an increasing amount of our time representing crime victims when property owners fail to take these reasonable precautions.  While not every crime is preventable, and not every crime is the result of a failure of property owners, frequently, bottom line profit is placed before safety of residents.… Read the rest

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November 13, 2015
In Civil Litigation, General, Personal Injury

Apartment Complex Crime -Negligent Security-Memphis

Apartment Complex Crime -Negligent Security-Memphis

Memphis has more than its share of violence. Apartment complex crime in Memphis is serious. Recently, another man lost his life after being gunned down as he was walking back into his apartment at the Prescott Place Apartments located in the 1700 block of Morlye Street. Not all crime is preventable, but many times property managers and apartment complexes do not have adequate security to deter and prevent crime.

We have significant experience in handling apartment crime and negligent security cases. Investigating and prosecuting these claims can be complex. We often learn that  large out-of-town companies own and operate apartments in high-crime neighborhoods, and do little to protect their residents and visitors. Why do these companies ignore the crime? It’s simple: spending money on security measures cuts into the bottom line.

An apartment complex presents unique security issues that don’t exist in single-family neighborhoods. The layout of the premises often makes it challenging for local police to monitor and patrol the area. Because of this, it is even more important for apartment companies and property … Read the rest

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November 11, 2015