Recently, an appeals court issued an opinion stemming from injuries a minor suffered on playground equipment. The minor child’s parents filed an action in front of the Tennessee Claims Commission, arguing that the State was liable for negligence, gross negligence, and gross negligence per se. While climbing on the equipment,…
In a Knoxville premises liability lawsuit, the burden of proof rests on the plaintiff. Accordingly, he or she must have credible evidence proving that the defendant breached the duty of care that was owed to him or her under the circumstances. Unfortunately, evidence of the proper owner’s negligence can disappear…
Lawsuits against governmental entities for the allegedly negligent acts of their employees can be difficult. As with other defendants accused of negligence, the government resists being held accountable in many East Tennessee personal injury cases. Generally, the argument is that the employee in question acted reasonably under the circumstances presented…
When most people think about a Knoxville “slip and fall” case involving a grocery store, the stereotypical image that comes to mind is probably that of shopper slipping on a banana peel and landing squarely on his or her backside, embarrassed but no worse for the wear. The idea is…
Proving liability in a Knoxville slip and fall case can be difficult. The landowner or store operate predictably blames the plaintiff for the fall in most cases, denying any liability for their own negligence. During the pretrial phase of the litigation, the trial court is often called upon to decide…
Those who operate retail establishments such as stores or shoppes, owners of restaurants and bars, and other businesses are responsible for providing a reasonably safe environment to those who come onto their premises for a business purpose. When this duty is breached, a Knoxville premises liability lawsuit may result. In such…
Seeking fair compensation following an east Tennessee slip and fall accident can be a complex endeavor. Depending upon the circumstances, there may be multiple defendants, some of whom point the finger of blame at one another. In some situations, one or more of the defendants may seek to avoid liability…
A Tennessee personal injury case can involve multiple defendants, some of whom may point to finger of blame at one or more of the others. In some situations, the plaintiff may be able to settle his or her claim(s) against one or more of the defendants, leaving the defendants to…
Negligence can arise in many different contexts – automobile accidents, medical malpractice, and even situations in which someone slips and falls on business premises. Slip and fall (or “premises liability” cases) are often hotly disputed, as the landowner typically seeks to avoid liability for the accident by casting blame on…
Slip and fall accidents are common in grocery stores and supermarkets. In a Knoxville premises liability lawsuit arising from such an incident, the plaintiff has the burden of proof in establishing the defendant’s negligence. In order to prove negligence, the plaintiff must show that the defendant breached a duty of…