Tennessee Injury Law Center

December 10, 2013

Carbon Monoxide Hazard Involved in Product Recall – Home Heating Boilers

On December 3rd, the Consumer Product Safety Commission issued a recall for Crown Boiler home heating boilers. In the event of a blockage in the vent system, the air pressure switch on the gas-fired hot water boilers can fail allowing the hot water boiler to emit an excessive amount of carbon monoxide presenting a risk of poisoning. The Consumer Product Safety Commission provides a list of all models affected by the recall. If you own one of the recalled hot water boilers, you should immediately contact the retailer or the manufacturer for a free repair. While you wait for the repair to be performed, be sure to install a working carbon monoxide detector in your home.

Carbon monoxide poisoning claims the life of roughly 500 people a year. For those that survive, it can also cause serious brain injuries At The Law Offices of John Day, P.C., our experienced attorneys understand the catastrophic effects carbon monoxide poisoning can have for the victim and the entire family. We handle all carbon-monoxide cases on a contingency basis which means we only get paid if we recover money for you. If you would like us to review your case, answer your questions and explain your rights in a no-cost, no-obligation consultation, please contact us online or call us at 615-742-4880 or toll-free at 866-812-8787.

December 9, 2013

The Roads Were Icy; A Deer Jumped Into My Path; I Had A Diabetic Reaction — The Defense Of Sudden Emergency In A Car Accident Case

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

Let’s start this discussion with how the law handles sudden emergencies. Tennessee law recognizes that a driver faced with an unexpected or sudden emergency which calls for immediate action is unlikely to exercise the same good judgment as a driver who is operating his vehicle under normal circumstances. In the past, a sudden emergency could constitute a complete defense to an injury claim. However, under current Tennessee law, a sudden emergency is just another factor for the judge or jury to consider when determining if the defendant was at-fault for the car accident.

So with that in mind, let’s look at some of the examples above. Icy roads might constitute a sudden emergency, but a judge or jury is less likely to excuse the defendant if he or she was driving too fast for the road conditions. Or, if the defendant driver was texting and driving and failed to brake until the last minute and then slid on ice, the defense is not going to be of much help to the defendant. Many of the same considerations apply to the situation where a deer suddenly appears in your path.

In the diabetic reaction example, to decide whether the sudden emergency defense might apply, we would want to know how long the defendant had been diagnosed with diabetes and therefore how experienced he or she was in managing his blood sugar. We would also want to know what the defendant ate and drank that day, what physical activity the defendant had engaged in, did the defendant take their insulin, what the defendant’s blood sugar readings had been in the days leading up to the accident, etc. If the evidence demonstrates the defendant had failed to properly manage his diabetes, then the defense of sudden emergency is less likely to be successful.

December 8, 2013

Teenagers Continue To Be At High Risk of Fatal Car Accident

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

The Centers for Disease Control and Prevention has published some staggering statistics on teenage drivers. Here are just a few of them:

1. In 2010, seven teenagers were killed every single day as a result of injuries sustained in a car accident.

2. Compared to drivers who are 20 years and older, teenage drivers are three times more likely to be involved in a fatal crash.

December 6, 2013

Two Toys Recalled by the Consumer Product Safety Commmission

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

On December 4th, the Consumer Product Safety Commission recalled two toys:

1. The K2 Revo Kick kickboards/scooters with item code l10700100 — The front assembly of the kickboard/scooter can break and the handle can partially or fully detach, and this can cause a rider to lose control and/or loss of balance.

2. Manhattan Toy Quixel baby rattles — The colored arches can break creating a choking hazard to a small child.

December 3, 2013

Could Positive Train Control Have Prevented New York Train Derailment?

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

Last Sunday morning a New York commuter train bound for Manhattan’s Grand Central Station derailed on a sharp curve killing 4 innocent people, critically injuring 11 people and injuring another 46 passengers. While the NTSB is still investigating the accident, early information indicates the train was traveling 82 mph on a curve with a maximum speed limit of 30 mph.

While this investigation continues, it appears this tragedy could have been prevented by Positive Train Control. Positive Train Control can slow or stop a train before certain accidents occur. One type of accident that Positive Train Control is designed to prevent is speed-related derailments. Other types of accidents that can be prevented by Positive Train Control are switching errors, collisions, and track route errors.

We first told you about Positive Train Control in this post and on the Law Offices of John Day, P.C. website. Federal law requires railroad companies to implement Positive Train Control by 2015, but a push is on to extend that date to 2018 or later. To stop these preventable types of accidents, we hope Congress will refuse to grant an extension for this important safety technology that can save lives.

December 1, 2013

True Confessions and Six Things That Can Hurt Your Tennessee Injury Case

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

Let me begin with a confession: I married a defense lawyer. Well, a former defense lawyer. She has since left the "dark side" and joined our firm. But before she found the light, she was involved in all types of injury cases for insurance carriers and major corporations. Below is list of some of the things she used to love to uncover in her cases as it typically lowered the amount of compensatory damages her clients would have to pay (and sometimes destroy the case entirely).

1. Plaintiffs (the injury victim who brings the lawsuit) who are inconsistent in their reports of how their injuries affected them. For instance, one injury victim claimed his injuries prevented him from cleaning his house yet records subpoenaed from his health club showed he was consistently able to go to the gym and work out.

2. Plaintiffs who refuse to concede that ANY of their problems have improved since the accident. While there are definite exceptions, most things tend to improve with time. They may never go back to pre-accident status, but they do get better.

November 27, 2013

Tennessee Health Care Filings By Judicial District for 2012 – 2013

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

The number of Tennessee health care liability lawsuits (formerly known as medical malpractice lawsuits) remains over 30% lower than it was just five years ago. What follows is a list of the number of medical malpractice lawsuits filed in each of the Tennessee judicial circuits in the one year period ending on June 30, 2013.

Of course, the mere filing of a lawsuit does not mean that the claim will be successful. Although precise data on this point is hard to come by, only about 20% of health care liability claims ultimately result in any payment to the patient. Your odds of filing a successful claim increase if you have an experienced medical malpractice lawyer evaluate your case and, if the case is determined to have merit, pursue your case via an out-of-court settlement or trial.

Here is the data:

Tennessee Medical Malpractice Filings for the Year Ending June 30, 2013
Judicial Circuit	County or Counties in the Judicial Circuit	Number of Filings
1st	Carter, Johnson, Unicoi, and Washington	8
2nd	Sullivan	20
3rd	Green, Hamblen, Hancock, and Hawkins	1
4th	Cocke, Grainger, Jefferson, and Sevier	2
5th	Blount	1
6th	Knox	40
7th	Anderson	2
8th	Campbell, Claiborne, Fentress, Scott, and Union	6
9th	Loudon, Meigs, Morgan, and Roane	1
10th	Bradley, McMinn, Monroe, and Polk	9
11th	Hamilton	27
12th	Bledsoe, Franklin, Grundy, Marion, Rhea, and Sequatchie	3
13th	Clay, Cumberland, DeKalb, Overton, Pickett, Putnam, and White	7
14th	Coffee	2
15th	Jackson, Macon, Smith, Trousdale, and Wilson	7
16th	Cannon and Rutherford	15
17th	Bedford, Lincoln, Marshall, and Moore	1
18th	Sumner	11
19th	Montgomery and Robertson	4
20th	Davidson	58
21st	Hickman, Lewis, Perry and Williamson	1
22nd	Giles, Lawrence, Maury and Wayne	5
23rd	Cheatham, Dickson, Houston, Humphreys, and Stewart	7
24th	Benton, Carroll, Decatur, Hardin, and Henry	5
25th	Fayette, Hardeman, Lauderdale, McNairy, and Tipton	2
26th	Chester, Henderson, and Madison	9
27th	Obion and Weakley	7
28th	Crockett, Gibson, and Haywood	3
29th	Dyer and Lake	2
30th	Shelby	119
31st	Warren	0

There were a total of 385 medical malpractice filings for the year ending June 30, 2013.

For more information about Tennessee medical malpractice cases click on the link. If you would like us to determine if we can help you with your potential malpractice claim, file out our Contact Form.

November 25, 2013

Drunk Driving Continues To Be Leading Cause of Wrong-Way Accidents

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

The National Transportation Safety Board describes wrong-way accidents as the most serious type of accident on the highway with fatality rates higher than any other types of accidents. More than half and possibly as high as three-quarters of all wrong-way accidents are alcohol-related. In fact, 9% of wrong-way drivers had been convicted of a DUI or DWI within 3 years of the wrong-way accident.

On average, 360 lives are lost each year due to wrong-way driving. Most wrong way accidents happen at night and on weekends. The most typical origin of the wrong-way driver is entering an exit ramp, but U-turns are also a common originating factor. And the most dangerous lane to be in for wrong-way accidents? The lane closest to the median.

If you or a loved one was injured in a wrong-way accident, one of our award-winning lawyers can help. While the wrong-way driver is almost certainly at fault, others may share in responsibility for the accident. For instance, did a restaurant or bar over serve the driver such that a liquor liability claim is appropriate? Or did a construction company fail to install appropriate signage to help drivers ascertain the proper traffic route?

November 25, 2013

Technology Exists to Prevent Train Crashes. But When Will It Get Implemented?

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

The good news: technology exists which will prevent a large number of serious train crashes. The bad news: implementation of this technology will likely be delayed causing commuter train passengers and others to remain at risk. Below is the background of this important issue.

In September of 2008, a Metrolink commuter train filled with passengers collided with a freight train killing 25 innocent people and injuring more than 100 others. In response to this tragedy, Congress passed the Rail Safety Improvement Act of 2008 which mandated implementation of Positive Train Control for all commuter rail lines and for freight lines hauling hazardous materials.

So what is Positive Train Control? It is technology which can stop or slow a train before certain types of accidents occur. For example, derailments caused by excessive speed, train-to-train collisions, unauthorized incursions and switching errors can all be prevented by Positive Train Control. Without question, Positive Train Control would have prevented the 2008 Metrolink accident.

November 24, 2013

What You Need To Know If You Have Been Injured In An Accident Caused By A State or Local Government Employee

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

If you have been seriously injured in an accident with a state or local government employee, your case is subject to a number of special rules and procedures. Below is an explanation of two of the special rules and a practical hurdle our office sees time and time again.

The first special rule is that a local government does not have any liability if the employee who injured you was performing a discretionary function. What is the discretionary function? The discretionary function exception to liability is meant to protect the government from tort liability in situations in which special social, scientific, economic, professional or political policy issues are involved. In short, policy and planning decisions are typically protected, but operational acts in which an employee is simply following a policy or regulation are not immune from liability. (The discretionary function rules are not applicable to claims against the State of Tennessee, only local governmental entities.)

The next special rule involves damage caps. The State of Tennessee’s damages have been capped by statute at $1,000,000 per accident and $300,000 per person. Local government liability is capped by statute at $300,000 per person and $700,000 per accident. These damage caps have been not increased in over a decade and are woefully short of compensating an injury victim with serious or catastrophic damages. (Note: there is no cap on damages in cases against the federal government. However, there are other special rules applicable to that type of case as well. Search this site for information about claims against the federal government.)