Are waivers of liability effective in Tennessee? Many times when involved in any sort of recreational activity, be it going to the trampoline park or going swimming, you'll be faced with a decision to sign a waiver of liability. Many people will sign those documents without much thought. However, you have to be aware of what you're giving up. Many times you're giving up the right to sue that particular company relative to any act of [...]
Generally, Knoxville homeowners who have a dog are liable if the animal bites or attacks someone, but the laws say you have to keep your pets “under reasonable control.” We don’t have a one-bite rule here, so the dog doesn’t have to haver a record of bad behavior. Now, if someone breaks onto your property and the dog bites him, it could be different story – but by and large, you’re responsible for your dog’s actions. [...]
A lot of days I get people who call and they're frustrated, because they feel like they're paying too much child support – and the first thing they want to do is just not pay the support. That is the worst thing that you can do at that time, because if you do that, you could be subjecting yourself to contempt of court, and that can be monetary fines, you may be having to pay [...]
It’s virtually automatic that lawyers in both criminal and civil cases will seek to examine your social media posts. Attorneys will ask to review your Facebook posts, your Twitter feeds, and any text that you’ve posted. It’s why many lawyers advise their clients to stay off social media as soon as their case begin. Clients should always be cautious, even if a case isn’t active, about what they say on social media. Online posting now includes [...]
An interesting question is whether or not you can recover for an injury when you're involved in a hit and run accident. There are a couple of factors that come into play and need to be considered. One is, whether or not there was an impact with your vehicle. If there was an actual physical impact, then yes, you can recover. In the event there wasn't an impact – say someone cut you off and [...]
According to a Florida Atlantic University and University of Miami study, motorcycle accidents and deaths across the nation have decreased as states have implemented various types of distracted driving laws. These laws prohibit the motorists’ use of cell phones and other handheld devices while driving. The law and motorcyclists Motorcyclists are involved in a significantly higher rate of traffic fatalities when compared to the number of motorcycles among all vehicles and miles driven in the United [...]
Can you have a personal injury claim and a workers’ compensation claim at the same time? Fortunately, the answer can be yes. In workers’ compensation claims in the state of Tennessee, unfortunately your benefits can be very limited, so it's always important to look for a third party to recover against. The bad news is, if you're injured by your employer due to your employer's negligence or by a co-employee, you're not going to be [...]
On February 20, 2019, the Supreme Court of the United States voted unanimously “that the Constitution’s prohibition on excessive fines applies to state and local governments, limiting their abilities to impose fines and seize property.” In her decision, Justice Ginsberg wrote “For good reason, the protection against excessive fines has been a constant shield throughout Anglo-American history: Exorbitant tolls undermine other constitutional liberties. Excessive fines can be used, for example, to retaliate against or chill the speech [...]
When you're going through a divorce process, at the very beginning – as soon as someone files a complaint – most times there will be attached what's called temporary mutual injunctions. Those are mandated by the state of Tennessee as to certain things you must do or that you cannot do. It's very important when you meet with your attorney that you understand those injunctions because a lot of times, people do not understand what [...]
Texting and driving, or any type of distracted driving, causes a large number of accidents. Can you find out whether or not a truck driver was texting or not? With the evolution of modern data systems, it's actually easier than it ever was before, but it does require preservation orders. It requires actions by someone on your behalf to get the information. All of the cellular providers and the networks out there only maintain, or [...]
