Tennessee Injury Law Center

April 7, 2014

Another Child Safety Seat Recall – Evenflo

Not too long ago, we told you about a recall involving Graco child safety seats, and we told you that recall would likely be expanded to Evenflo child safety seats because the two manufacturers used the same component supplier. It seems we were right. The National Highway Traffic Safety Administration has announced a recall of more than 1.3 million Evenflo child safety seats. The buckle on the seat can become stuck in the latched position. Of course, this presents a risk of injury in the event of a crash or other emergency event. The recall involves a number of different models and you can check to see if you own one of the affected seats by clicking here. If you own one of the affected seats, Evenflo will provide a replacement buckle with installation instructions.

This recall serves as an important reminder about two things. First, the importance of registering your products (whether your purchase them new or used) with the manufacturer so that you are automatically provided important information about recalls and other safety issues. Second, every child should be placed in a proper safety seat. A child safety seat can reduce the risk of a death to an infant by 71% and the risk of death to a toddler by 54% in passenger cars. For trucks, the reduction is 58% for infants and 58 % for toddlers. So be sure to buckle up!

If you or a loved one has been injured due to a defective product such as a child safety seat or has been involved in a car accident, you only have a limited time to pursue your rights. To discuss your case for free, contact one of our award-winning lawyers today at 615-742-4880 or toll-free at 866-812-8787 or by filling out this form. For additional information on our fees and costs, click here.

April 6, 2014

Sexual Abuse and the Roman Catholic Church: The Crisis Continues

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

The United States Conference of Catholic Bishops recently released its 2013 audit of 127 dioceses/eparchies and the numbers are staggering. Despite increased awareness and a pledge by Pope Francis for greater accountability and vigilance for sexual abuse, there were still 935 allegations of sexual abuse last year alone. Notably, the report indicates 136 of those claims have been substantiated, which is a large number given that sexual abuse is often a swearing contest between victim and perpetrator. In fact, 472 of the claims were unable to be proven either way. 223 claims are still under investigation, 78 were found to be unsubstantiated and there were 27 "other".

As for the accused, 538 priests and 11 deacons were accused of sexual abuse. 175 others were also accused but their clerical status was unknown. With respect to the victims, 80% were male and only 20% were female. The most victimized were children between the ages of 10 and 14.

According to the report, in the past 11 years, the Catholic Church has spent almost $3 billion on allegations of sexual abuse. The figure includes settlements, therapy for victims, support for offenders, attorneys’ fees and other costs. To review a full copy of the audit, click here.

April 2, 2014

Lyft, Sidecar and Uber: Great Service But Lots of Legal Issues

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

Have you seen cars driving around Nashville decked out with a fuzzy pink mustache? The pink mustache is the logo, if you will, for Lyft, a ride-sharing service. Lyft, Ubert and Sidecar all operate in much the same manner. For Lyft, individuals who need transportation can summon a driver by using their phones — the companies have apps for their services. A pre-screened driver then picks up the individuals and takes them to their destination. The driver does not charge a fare but instead takes a "donation." The cost associated with these types of ride-sharing services has been estimated to be 30% less than a traditional taxi, which is wonderful for the consumer.

But there are some questions related to these services. While these ride-sharing services are quasi-taxis, they are not currently subject to a number of regulations applicable to taxis and limousines. For instance, the drivers do not have to have chauffeur licenses. While the vehicles must be a 2000 model year or later, the vehicles are not subject to inspections. Unlike Nashville taxis, there is not presently a requirement that they be licensed by the city’s Transportation Licensing Commission.

And then there is the issue of liability and insurance. Lyft’s website indicates that it does criminal background checks and Department of Motor Vehicle checks for all of its drivers. These checks are designed to weed out drivers who have been convicted of a DUI, a violent crime, etc. Lyft also requires its drivers to have the state minimum in insurance coverage and then Lyft has its own, additional $1,000,000 liability coverage.

March 30, 2014

Tennesseee Teen Drivers: New (and Scary) Information about Texting and Drinking While Driving

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

While knowledge may be power, it does not necessarily translate into positive action as evidenced by a recent study from Liberty Mutual Insurance and SADD (Students Against Destructive Decisions). According to the study, most teens understand the dangers associated with drinking and driving and texting and driving, but they continue to engage in these behaviors. The study also shows teenagers have an alarming definition of what constitutes a designated driver.

The report showed almost all teenagers (96%) understand the distraction associated with texting and driving or talking on the phone and driving. In fact, 62% of teenagers agreed that it is very or extremely distracting. Yet, 86% of teens still do it. The same applies to drinking and driving. While 86% of teenage drivers think drinking and driving is very or extremely distracting, more than two-thirds of the teenagers who admit to doing it also admit to doing it after consuming more than three alcoholic beverages.

As for the concept of a designated driver, 21% of teens think that means the driver is "basically sober," i.e., the driver can have some alcohol as long as they do not become too impaired. 4% of teens think a designated driver means selecting the most sober person in the group to drive. These numbers show us just how much more needs to be done to get teenager drivers to comprehend just how lethal these behaviors can be. Talk to your kids, model good behavior (i.e., don’t text and drive yourself), use an app that will auto-respond to incoming texts to let the sender know the receiver is driving or consider using a device like CellControl.

March 27, 2014

Liquid Nicotine For Electronic Cigarettes: A Deadly Danger Especially For Children

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

Did you know that liquid nicotine comes in hundreds of flavors ranging from menthol to chocolate to boston cream pie and strawberry daiquiri? More importantly, did you know that just a teaspoon of liquid nicotine can kill a child? To say this is scary would be an understatement. In fact, the director of the San Diego division of the California Poison Control System has been quoted as saying it is not a matter of if a child will be seriously poisoned or killed, but a matter of when.

Electronic cigarettes are widely touted as a safe alternative to smoking traditional cigarettes. Because the electronic cigarette is smokeless, the user does not inhale the tars and toxins in the tobacco smoke. But many electronic cigarette users are unaware of the hazards associated with the liquid nicotine. Oral ingestion of liquid nicotine or absorption through the skin can create toxic symptoms including rapid heart beat, dizziness, confusion, elevated blood pressure, nausea, diarrhea, seizures, etc. Ultimately, the toxicity can lead to a coma or death.

In the United States, there is currently very little government oversight over liquid nicotine. The New York Times reports that vendors offer to sell the product by the gallon and barrel despite the fact that as much as a teaspoon can be lethal. In Europe, liquid nicotine must be sold in child-proof and tamper-proof packaging and with health warnings. In Canada, manufacturers must comply with these same regulations and also submit proof evidencing the quality and safety of the product.

March 26, 2014

Should Tennessee Repeal Its Motorcycle Helmet Law?

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

The answer is a resounding no. And here are just a few reasons why.

According to the Centers for Disease Control and Prevention, helmets prevent roughly 37% of crash-related deaths for drivers and 41% of crash-related deaths for passengers. Not only have motorcycle-related deaths been on the rise since 2000, the costs associated with motorcycle crashes are tremendous. It is estimated that the medical care and productivity losses associated with motorcycle crashes are $12 billion dollars in just a single year.

Despite those sobering numbers, Senator Mike Bell of Riceville, the proponent of the legislation to repeal Tennessee’s motorcycle helmet law, argues Tennessee will enjoy an increase in tourism from motorcycle riders if we do away with the helmet law. He might be right, although I am not aware of any authority he cites for that proposition. But let’s just assume the State might see some additional tourism dollars by repealing the helmet law, it most likely would not be enough to offset the costs associated with repealing the law.

March 25, 2014

Fires and Medical Oxygen: 10 Things You Can Do To Protect Yourself

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

According to data published by the Tennessee Fire Incident Reporting System, in the past five years, seven people have lost their lives due to fires caused by medical oxygen. Another nine people were injured and the property damage associated with these fires exceeds $710,000.00.

Oxygen-rich environments present a very real fire threat. But, there are steps you can take to prevent a serious accident:

1. Keep oxygen canisters at least 5 to 10 feet away from ignition sources such as candles, fireplaces, stoves, etc.

March 23, 2014

Liability of Parents for Teenage Drivers

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

According to the Centers for Disease Control and Prevention, teenage drivers (age 16 to 19) are three times more likely to be involved in a fatal crash than drivers over the age of 20. In the face of these statistics, the Wisconsin Senate has passed a bill which would limit the amount of money a person could recover from a negligent teenage driver’s parents.

Currently, in Wisconsin, parents are responsible for any harm caused by their child who is under age 18. In fact, the teen driver must be sponsored by a parent who actually signs for the teen to be allowed to obtain a license and agrees to be responsible for the harm caused by the teenager. Under the proposed legislation, parents would only be responsible for up to $300,000.00 for the harm caused by their teenage child.

So let’s assume, the teenage driver was texting and crosses the center line and kills another driver and renders the passenger a quadriplegic. The damages would be capped at $300,000 even though the medical bills and future care for the passenger would be in the millions of dollars and someone lost their life due to the teenage driver’s negligence.

March 18, 2014

Punitive Damages for Texting and Driving

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

In California, an appellate court is being asked to consider whether a texting driver can be held liable for punitive damages. Punitive damages are intended to punish the wrongdoer and, hopefully, deter others from engaging in the same harmful conduct. In the texting while driving context, the argument is that by texting while operating a vehicle, the driver “consciously disregarded” the safety of others on the roadway. The same argument is used in drunk driving cases.

While texting and driving is definitely illegal in Tennessee, this issue of whether a driver who was texting and driving can be held liable for punitive damages has not yet been decided by Tennessee courts. Of course, proving the driver was texting will often be an issue. In the California case, a witness testified the driver had been testing for a while and had swerved in and out of lanes before finally losing control and injuring someone. And of course, if there is reason to suspect the driver was texting, a subpoena can be issued for the drivers’ phone records.

Please do not text and drive. It could cost a life – maybe your own. If you or a loved one has been injured in a car accident, contact one of our award-winning lawyers for a free, no-obligation consultation. Call us any time at 615-742-4880 or toll-free at 866-812-8787. For information about fees, click here.

March 17, 2014

Unexpected Legislation For Bully Dog Breeds

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

Certain breeds of dogs have historically been classified as bully breeds and subject to special rules. For instance, military bases ban certain bully breeds. And, in the past, many local governments passed bans prohibiting residents from owning specified bully breeds. But surprisingly, that legislative trend is now reversing itself.

State lawmakers are now overriding these local ordinances and prohibiting communities from instituting breed-specific bans. In fact, eighteen states have passed this type of measure and another six are considering similar proposals. Of course, this dog debate is often quite heated. Most pet owners view their pets as family members and reject the notion their dog could be aggressive or a bully. Of course, victims of attacks, parents of young children and others often feel quite differently about the dangerousness of these animals.

Regardless of where you fall on the spectrum, you should know this: for homeowner’s insurance purposes, Pitbulls, Doberman Pinschers, German Shepherds, Akitas and Rottweilers are typically classified as bully breeds and are excluded from coverage in the event the dog attacks someone. So if you own a dog, check your insurance policy or call your agent and determine if any exclusions apply related to your dog’s breed. If you do not have insurance for your dog, get it. There are companies who specialize in writing policies for bully breeds.