Tennessee Injury Law Center

April 13, 2015

Meet Lincoln Day!

On Friday night, my wife and I surprised our seven year-old daughter with a new puppy. Lincoln is a nine week-old Cavalier King Charles Spaniel and a delight. Right now, we are trying to potty train and keep him from chewing stuff.

Of course, a dog owner’s responsibilities extend beyond keeping the flip-flops and the rug safe. Responsible pet owners must be sure to vaccinate their dog, keep the dog from running at large and keep the dog under reasonable control so that it does not harm others. While the law does not require it, I also believe a responsible pet owner should maintain adequate insurance (either via their homeowner’s or through a separate pet insurance policy) to help ensure that anyone injured by the dog receives fair compensation for their medical bills and damages.

April 8, 2015

Is It Harder to Give Good Advice or Take It?

by The Law Offices of John Day, P.C.

Deep down, whether we like to admit it or not, we all want to be told what we want to hear:

Yes, we can get you a million dollars for your injuries. Don’t worry, the litigation process is quick and easy. No, the other side will never try to blame you. Of course, those pants make you look skinny.

And believe me, when I tell you, we would love to dispense such easy, breezy news to every one of our clients. But, we can’t. Sometimes, there is not enough insurance to fully compensate our clients for their losses. Sometimes, the other side wants to make life difficult, drag things out and blame the victim. Other times, the venue for the case is not ideal or is in a court that is not particularly efficient.

April 8, 2015

Sexual Assault and Child Abuse: Things You Can Do To Help

by The Law Offices of John Day, P.C.

The statistics from Wednesday were pretty sobering. And frankly, they are depressing. And, if you are like me, you want to help prevent these crimes and help take care of those that have been victimized. So, here are a few tips to help you get started: Continue reading

April 6, 2015

April is Sexual Assault Awareness Month and Child Abuse Prevention Month

by The Law Offices of John Day, P.C.

Let’s start with some statistics that will both sadden and anger you:

Child Abuse

Each year, 3 million reports of child abuse are made in the United States. The abuse can consist of physical abuse, sexual abuse, emotional abuse, physical neglect, emotional neglect.
Every ten seconds a report of child abuse is made.
Child abuse is an underreported crime.
Amongst industrialized nations, the United States’ record on child abuse is one of the worst.

Sexual Assault

Every 107 seconds, another person in the United States is a victim of sexual assault.
Sexual assault is an underreported crime with 68% not reported.
Roughly 2/3 of sexual assaults are perpetrated by someone known to the victim.
One in four college women will be the victim of rape or attempted rape

April 2, 2015

The Most Fatal Form of Distracted Driving

by The Law Offices of John Day, P.C.

Yesterday, we started the discussion for National Distracted Driving Awareness Month with some of the crazier forms of distracted driving (using the bathroom, taking selfies, curling eyelashes, putting in contacts, etc.) But today, the focus is on the most fatal form of distracted driving. I think the answer will surprise you. Most people, including me, would likely guess that texting is the most fatal form of distracted driving. And while texting and driving is indeed very common and very dangerous, it does not hold the top spot.

April 1, 2015

You were doing WHAT at the time of the accident?

by The Law Offices of John Day, P.C.

To kick off National Distracted Driving Awareness Month, we thought we would review some of the crazy stuff people are doing behind the wheel. In a recent survey, drivers from across the country admitted to an array of distracted driving behaviors including:

Combing/brushing hair

Romantic encounters/PDA

March 30, 2015

Church Van Wreck Raises Lots of Questions

by The Law Offices of John Day, P.C.

Earlier today, a 15 passenger van wrecked in Florida killing eight people on board and critically injuring five others. This crash like most other cases involving passenger vans will have a number of key issues including:

Were the occupants wearing their seatbelt? It has already been reported that a 4 year old child was not in a car seat. We also know 18 people were in a 15 passenger van so at a minimum 3 of them were not wearing their seatbelt. In serious accidents, especially frontal crashes, the components of the seatbelt system will have “witness marks” on them if the occupant was wearing a seatbelt. The D-ring, the webbing of the belt and latch will also show signs of load caused by a combination of the accident forces and the occupant’s body weight. While the failure to wear a seatbelt is not admissible in the typical motor vehicle accident claim, it is admissible in a product liability claim.
Were there any mechanical issues with the vehicle or its tires? One of the accident victims has reportedly indicated the driver did not notice a curve in the road and then could not stop in time. So obviously the braking system will be analyzed and likely the tires too. As explained here, churches often fail to adequately maintain their tires.

March 11, 2015

Day Inducted as Fellow of the International Society of Barristers

by The Law Offices of John Day, P.C.

This week, the International Society of Barristers (ISOB) inducted John Day as a fellow. The ISOB is dedicated to preservation of the adversary system, the right to jury trial and an independent judiciary. Membership is by invitation only and includes a rigorous screening process involving both judges and fellow lawyers. The ISOB extends membership to those lawyers “of exceptional talent, whose qualities including integrity, honor and collegiality embody the spirit of the true professional”. Of course, those of us at The Law Offices of John Day, P.C. have always known that John possesses these traits but we are certainly pleased that the prestigious ISOB has recognized it as well. Congratulations, John!

March 10, 2015

Storming the Court – The Basketball Court

by The Law Offices of John Day, P.C.

The 2015 Men’s SEC Basketball Championship kicks off tomorrow, March 11^th at Bridgestone Arena in Nashville. Big wins and upsets are known to cause fans to storm the court in celebration, and many coaches and fans think storming the court is good for the game. But, the melee that follows can result in injuries to fans, players, coaches and referees. Duke Coach Mike Krzyzewski has expressed concern about potential for harm as a result of fans storming the court. And serious harm has occurred in court storming. For instance, a high school basketball player, Joe Kay was left paralyzed after fans stormed the court following his breakaway dunk to secure a win in a rivalry game.

Storming the court has been a fineable offense in the SEC since 2004. The SEC rule states: “For the safety of participants and spectators alike, at no time before, during or after a contest shall spectators be permitted to enter the competition area.” The first offense fine is $5,000. Additional incidents are fined incrementally at $25,000 and $50,000. The fine is paid by the school.

Ultimately, it is the school and venue’s responsibility to ensure adequate security is on hand to police the crowd and prevent harm from occurring. If they don’t and someone is harmed, liability could ensue. So, enjoy the game, root like heck for your team, but don’t storm the court.

February 26, 2015

How To Protect You and Your Family When Renting A Car

by The Law Offices of John Day, P.C.

The past year was a record year for vehicle recalls with over 62 million vehicles recalled. In the General Motors ignition switch recall alone, there have been 4,345 claims made including 479 death claims and 292 “Category One” claims which require an injury involving permanent brain damage, paraplegia, quadriplegia, severe burns or double amputation. The remaining 3,574 “Category Two” claims involve injuries that required a hospital visit within 48 hours after the accident.

If you are the registered owner of a recalled vehicle, then the manufacturer, with oversight by the National Highway Traffic Safety Administration, will notify you that your vehicle contains a safety defect and provide instructions on how to get it repaired. But what about when you rent a vehicle? How are you supposed to know if all recalls have been addressed before you put yourself, your friends or your family in the vehicle?

Here is an easy solution to the dilemma: before you accept the car the rental car company assigns to you, quickly run the Vehicle Identification Number (VIN) on www.vinrcl.safercar.gov/vin/. If there are open recalls on the vehicle, alert the rental car agency to the problem and ask for a different vehicle. Typically, you will find the VIN in several places including: the driver’s side dash by the bottom of the front windshield (this location is easier to read outside the vehicle), the engine block, underneath the spare tire and the driver’s side door post (open the driver’s side door for this location).