Tennessee Injury Attorney Blog

In Tennessee, spring and summer time are celebrated because they provide an opportunity to be outside and to do outdoor activities. The Great Smoky Mountains National Park, along with the Tennessee-North Carolina border, attract people from all over the world to partake in hiking, canoeing and whitewater rafting. These activities can be great adventures and can be a lot of fun, but unfortunately they can also sometimes turn deadly.

Our Knoxville injury lawyers know that the warmer weather season significantly increases the number of people coming to Tennessee to canoe or raft. Unfortunately, both visitors and locals are in danger of getting hurt when they are out on the water, unless appropriate safety precautions are taken.

Accident at Great Smoky Mountains National Park
Tragically, on March 12, 2013, the News Observer indicated that a casualty had already occurred this year as a result of canoeing in Great Smoky Mountains National Park. The death involved a 65-year-old man visiting from Bridgenorth, Ontario. The man was with a group of fellow Canadians, all of whom were enthusiasts of white water rafting and who had come to visit Little River for an outdoor canoeing excursion.

Unfortunately, while running the Little River, the 65-year-old man's canoe overturned. As a result, he was swept downstream and was unable to get out of the water or back into his canoe. For approximately 30 minutes, he was trapped under the surface.

His fellow canoeists tried to rescue him, working to pull him out of the water and to give him CPR. Emergency personnel were contacted and came to the scene, finding the older man with a heartbeat and breathing at the time. The older man was put into an ambulance and taken to a hospital, but unfortunately he died as a result of the accident.

Who is Responsible When an Accident Happens?
This tragic canoeing accident raises many important questions, especially as people start to plan their spring and summer trips and consider going whitewater rafting or canoeing.

One of the biggest and most important issues is the extent of responsibility that the whitewater rafting or canoeing company has to visitors. For example, a company may set up whitewater rafting or canoeing excursions or may simply provide canoes or rafts for rental. In any case, once a company is involved, they have some duty to their guests or patrons to look out for their safety.

Canoeing and whitewater rafting companies will usually have customers sign a liability release absolving them of liability in the event of injury. Even when a liability release is in place, however, this does not mean that victims of accidents cannot sue whitewater rafting or canoeing companies. Liability releases only help the company to avoid being responsible for customary and expected risks; releases don't absolve them of all liability.

If a canoeing or white water rafting company is unreasonably negligent or careless in their acts or policies, then they can generally be held legally liable, even with a signed liability release. For example, a company that rents a canoe or allows a whitewater rafting excursion when they know the weather is bad and conditions are dangerous, or a company that uses equipment that is not properly maintained, can be held legally responsible for any damages caused by their actions.

The injured victim will need to show that the company was responsible in some way that is not covered by any liability release. If he or she succeeds, the victim can obtain compensation including payment of medical bills and lost income as well as damages for pain and suffering and other loss.

Continue reading "Tennessee Rafting and Canoe Accidents Present Spring & Summer Dangers" »

It seems as though the holiday shopping season gets crazier with each passing year. Bigger sales. Bigger discounts. Bigger crowds.

premises liability lawyers in Knoxville frequently see cases stemming from injuries sustained during the holiday shopping season. Whether it's traffic accidents, injuries at home or accidents that occur in shopping malls, restaurants or on business property, the holidays can be a dangerous time.

Tennessee premises liability claims may include:

-Elevator and escalator accidents

-Crowd injuries

-Slip and fall accidents

-Dog bites

-Parking lot injuries

-Sidewalk or stairwell accidents

-Theater injuries

-Assault/negligent security

-Evacuation injuries

-Merchandise falling from shelves

The Knoxville News Sentinel reports more than $52 billion was spent during last year's holiday shopping season. And, as retailers continue to try to outdo each other, serious and even fatal injuries have been reported.

For the past several years, the Occupational Safety & Health Administration has issued a bulletin warning employers of the risks.

Business owners incur a special obligation for the safety of employees and customers when promoting outrageous bargains that are likely to draw intense public interest. In such cases, barricades, rope lines and other crowd-control measures should be implemented. Emergency plans should be in place and security guards may even need to be hired.

"Crowd control and proper planning are critical to preventing injuries and deaths," said Dr. David Michaels, assistant secretary of labor for occupational safety and health. "OSHA urges retailers to adopt a crowd management plan during the holiday shopping season that includes a few simple guidelines."

Likewise, store owners, mall managers and property owners have an obligation to provide safe passage for customers and guests. Those who are injured may be entitled to compensation for medical bills, lost wages, pain and suffering and other damages.

The determining factor in a premises liability claim is whether a defendant enterprise was negligent in not properly managing the risk. Collection of damages is likely when an injury victim can prove a property owner knew, or should have known, about the presence of a dangerous condition. Business owners face a higher burden than private property owners, where a victim's ability to collect depends on their status as an "invitee," "licensee" or "trespasser."

Critical in such cases is contacting an experienced Knoxville premises liability attorney as soon as possible in the wake of an injury accident. Typically, property and business owners move quickly to make repairs once an injury accident has occurred. Documenting the location of your accident, talking to witnesses and determining the availability of surveillance footage or other evidence can have a dramatic impact on the outcome of your case.

As we reported recently on our Tennessee Injury Attorney Blog about fall accidents, comparative negligence law in Tennessee allows a victim to collect damages even if he or she was partially at fault.

Continue reading "Holiday Shopping & Knoxville Premises Liability Claims " »

Holidays are a dangerous time for slip and fall accidents and other premises liability cases in Tennessee.

Beginning with the leaf-peepers and other tourists in October and November, Knoxville personal injury attorneys understand a host of factors contribute to the increased risk of fall accidents.

While Tennessee is not exposed to the brutal winters endured by our northern neighbors, snow and ice accumulation can also increase the risk of a fall accident. And every few years, we experienced significant snowfall and accumulation, according to the National Weather Service. In fact, more than a foot of snow fell in 2011.

The holidays are upon us. Just three weeks until Thanksgiving and the hectic six-week, year-end holiday season that follows. Businesses have an obligation to provide customers and invited guests with safe passage.

Tennessee law permits those who suffer a fall injury due to a negligent condition on business or private property to collect compensation for medical bills, pain and suffering, lost earnings, disability benefits and other damages.

Premises Liability Claims in Tennessee

-Wet or slippery floors

-Broken handrails

-Dark or dangerous stairwells

-Elevator and Escalator accidents

-Dog bite/animal attacks

-Dangerous parking lots

-Merchandise falling from shelves

-Assault

-Negligent security

-Evacuation injuries

The Tennessee Supreme Court has abolished the doctrine of contributory negligence, which might otherwise prevent a claim by a plaintiff who is partially at fault. McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992). However, the state has instead adopted a form of comparative negligence, or comparative fault, which may limit or even eliminate your ability to collect damages. Under state law, a plaintiff may only collect damages if the defendant's negligence is greater than their own.

It's common for property or business owners to quickly repair a dangerous condition in the wake of an accident. So it's important you contact an experienced personal injury attorney in Knoxville as soon as possible after an injury accident has occurred. Conducting a thorough investigation in the immediate aftermath of an incident can help prove your case.

Knoxville Nursing Home Falls

Knoxville nursing home neglect attorneys would also encourage you to pay special attention to the conditions of local nursing homes and assisted-living facilities during holiday visits. This is prime time for these facilities, so if you see unsanitary conditions, lack of staffing or other warning signs, you can bet conditions are typically even worse for residents at other times of the year.

While it's true our most fragile older adults often reside in these homes because of their need for increased care and supervision, it's also true that short staffing, high turnover and inadequate training frequently result in resident neglect.

Fall accidents are epidemic in nursing homes. The National Institutes of Health reports the average 100-bed nursing home reports 200 falls a year. Many more falls go unreported.

These falls kill about 1,800 residents a year. Even outside nursing homes, older residents are most at risk. About 1.5 million senior citizens suffer a fall accident each year -- that number is expected to double to 3 million by 2030. Broken bones, broken hips, broken hands, and traumatic brain injury commonly result.

In fact, fall accidents are the leading cause of fatal injury accidents among those over the age of 65. And those who recover physically may suffer from the reduced mobility that often comes with a fear of falling.

Continue reading "Holidays a Dangerous time for Fall Accidents in Tennessee " »