In a recent case, both a mother and her newborn child were seriously injured due to the alleged negligence of a doctor and others during the child’s birth.

Unfortunately, their claims were not filed within the applicable statute of limitations period (which is quite short in Tennessee) due to their alleged disabilities, and the court of appeals was asked to consider whether their cases met one of the small handful of exceptions to the general rule requiring the dismissal of untimely lawsuits.

Facts of the Case

In the case, decided by the Court of Appeals of Tennessee at Jackson, the plaintiffs were a mother and child who both suffered serious permanent injuries and brain damage resulting from a lack of oxygen during the defendant medical providers’ delivery of the child on June 21, 2012.

On April 17, 2015, the plaintiffs (through the mother’s conservator and the child’s guardian) sent letters to the defendants notifying them of potential health care liability claims against them, and, on September 29, 2015, they filed a health care liability action in the Circuit Court for Madison County.

The trial court dismissed both plaintiffs’ claims, holding that they were barred by the Tennessee statute of limitations or statute of repose. The plaintiffs appealed.

Decision of the Court of Appeals

The appellate court affirmed as to the dismissal of the mother’s claim but reversed as to the claim of the child. While the court agreed with the trial court that the mother’s claim was not saved by the pre-suit notice, due to the insufficiency of the medical authorizations contained in the notice (they did not permit the defendants to obtain prenatal medical records prior to the date of the delivery), the court found that the child did not have the authority to unilaterally release records of the mother’s care prior to his birth because those records were hers, rather than his.

Thus, the child’s failure to offer such a medical authorization in his pre-suit notice did not render his notice insufficient. The defendants having failed to point out any other deficiencies in the child’s pre-suit notice, the court held that the child could rely on Tennessee Code Annotated § 29-26-121(c) to extend the filing period for his claim by 120 days. Calculated using the extended date, his claim was filed within the statute of repose, which expired in October 2015.

Speak to a Knoxville Medical Malpractice Attorney

The results of medical malpractice can be devastating for a family. If you believe that you or someone close to you has been hurt due to a medical error, the Hartsoe Law Firm can help. To schedule a free consultation about your Knoxville or Maryville medical negligence or birth injury claim, call us today at (865) 804-1011. We serve clients throughout east Tennessee with regard to many types of personal injury and wrongful death cases.

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The reason, of course, is to attempt to avoid liability in the event that a child is hurt (or, even worse, killed) due to the negligence of the entity asking for the release. The practice is so prevalent that one would be led to think that liability insurance has ceased to be available in this country.

The fact is that liability insurance is widely available and, in most cases, quite affordable. (It’s called “a cost of doing business.”) If no insurance company is willing to assume a particular risk, perhaps this is an indication that the activity in question is too dangerous for minor children anyway.

Facts of the Case

In a recent case decided by the Tennessee Court of Appeals, the plaintiffs were a mother and son who had visited the defendant indoor trampoline park on several occasions. In 2012, the mother signed a contract that contained, among other provisions, a release of liability, a forum selection clause stipulating California as the forum for litigation, and a choice of law provision designating California law as the law to be used in the event of a dispute.

The son was allegedly injured during a trampoline dodge ball tournament in 2013. The mother and son filed suit against the defendant in the Davidson County Circuit Court in 2014, seeking various damages as a result of the son’s injury. After the mother voluntarily dismissed her claim, the son moved to amend his complaint to include a claim for past and future medical expenses.

The trial court denied the defendant’s attempts to enforce the forum selection clause, the choice of law provision, or the waiver against the boy, but the court agreed with the defendant that the boy should not be allowed to alter or amend his complaint to include a claim for medical expenses incurred before he reaches the age of 18.

Holding of the Appellate Court

In a 44-page opinion detailing the law and public policy concerning exculpatory agreements in regards to minors, the court of appeal rejected the defendant’s argument that the contract signed by the mother was enforceable against the son. Pointing to previous Tennessee case law, the court observed that a parent cannot bind a minor child to a pre-injury waiver of liability, a release, or an indemnity agreement. The court thus affirmed the circuit court’s ruling as to the issue of the enforceability of the document at issue against the son.

The appellate court rejected a portion of the lower court’s order concerning the son’s proposed amendment to his complaint. According to the court, the son should be allowed to raise a claim for any pre-majority medical expenses that he pays or is obligated to pay. (Due to the release, which the court found was binding against the mother, the mother cannot recover medical expenses paid on the son’s behalf.)

Do You Have a Question About an Injury on Someone Else’s Property?

An experienced premises liability attorney at the Hartsoe Law Firm, P.C., can help you evaluate your case – including the enforceability of any release you may have signed – if you have been hurt on business property or someone else’s land. Call us at (865) 804-1011 to schedule a free consultation. If you have difficulty coming into our Knoxville or Maryville offices, we can come to your home.

Reelated Blog Posts $250,000 Damages Award Affirmed Against Negligent Grocery Store in Maryville, Tennessee Tennessee Appeals Court Vacates Verdict for Defendants in Premises Liability Action

In the criminal case, the court may order the defendant to pay a fine, perform community service, or be incarcerated. In the civil case, the court may hold the defendant liable for damages resulting from the car accident and order the defendant (or, in actuality, their insurance company) to pay money to the plaintiff in compensation for their medical expenses, lost wages, and pain and suffering associated with the accident.

Recently, the state supreme court clarified the issue of whether a judgment of conviction in a criminal case could be used as evidence by the plaintiff in a civil case.

Facts of the Case

In the case of Bowen v. Arnold, the plaintiff was the mother of a minor child who was allegedly raped and molested multiple times by a man who was supposed to be acting as the child’s mentor through a program offered through the partnership of two organizations serving young people in middle Tennessee. The mentor was convicted of one count of aggravated sexual battery and three counts of rape of a child. His conviction was affirmed by the Tennessee Court of Criminal Appeals.

Meanwhile, the mother filed a civil lawsuit against the mentor and others, seeking compensatory damages both individually and on behalf of the minor child. After the appellate court affirmed the mentor’s conviction, the mother filed a motion for partial summary judgment, arguing that, due to the criminal conviction, the mentor was collaterally estopped from relitigating the issue of whether he actually raped and sexually battered the minor child in the civil lawsuit.

The mentor opposed the mother’s motion, maintaining that collateral estoppel did not apply because the criminal trial and the civil trial were “wholly separate and distinct proceedings” involving different parties, interests, rules, and witnesses. The mentor also argued that the element of party mutuality was lacking because the minor child was not a party to the criminal proceedings, nor was he in privity with the State of Tennessee in the criminal case.

The trial court granted the mother’s motion for partial summary judgment but allowed the mentor to seek an interlocutory appeal.

Decision of the Supreme Court of Tennessee

The intermediate court of appeals declined the mentor’s request for interlocutory relief, but the state’s highest court granted the mentor’s application for permission to appeal. After considering the arguments of the respective parties, the court affirmed the trial court’s decision granting partial summary judgment to the mother.

In abolishing the strict party mutuality requirement for offensive and defensive collateral estoppel, the court opted to adopt §§ 29, 85 of the Restatement (Second) of Judgments as the guidelines to be used by the Tennessee courts in deciding whether non-mutual collateral estoppel applies in a particular case. With regard to the particular case at bar, the court opined that treating the issue of whether the mentor raped and sexually battered the minor child as conclusively determined in the criminal action was compatible with the applicable scheme of administering remedies. In so holding, the court noted that it could be “a general indictment of the whole American jury system” to take the opposite approach and allow a civil jury (which functions under a much lower standard of proof) to relitigate – and possible contradict – an issue already decided by the criminal court.

Talk to a Knowledgeable Knoxville Attorney about Your Child’s Injury

If your child has been injured in an accident or due to the negligent, careless, or reckless conduct of another party, the Hartsoe Law Firm, P.C. can help. To talk to an experienced Knoxville child injury lawyer, call us today at (865) 804-1011. There is no charge for the initial consultation, and many cases are accepted on a contingency fee arrangement. We assist clients throughout east Tennessee, including in Knox, Blount, and Anderson Counties.

Related Blog Posts Tennessee Court Holds that Summary Judgment in Favor of School District Was Premature in Student-on-Student Sexual Assault Case – Richardson v. Trenton Special School District Federal Court in Tennessee Refuses to Order Minor Child with Seizures to Travel to Florida for IME – Vandergriff v. Red Robin International, Inc.

The question of whether the defendant owed a duty to the plaintiff has traditionally been a question of law, meaning that it is up to the court – rather than the jury – to determine whether a duty exists under the particular facts presented in a case. However, the question of whether the risk of a certain harm was foreseeable can be a question of fact.

The Facts of the Case

In the case of Richardson v. Trenton Special School District, the plaintiffs were the parents of a six-year-old child who was a student at an elementary school in the defendant school district. In their complaint, the parents alleged that the child was sexually assaulted by another student some five times during his kindergarten year.

The trial court dismissed the parents’ suit, holding that the school district was entitled to summary judgment as a matter of law because the assault was not foreseeable. The parents appealed.

Holding of the Court of Appeals of Tennessee

Upon review, the appellate court reversed the trial court’s order of summary judgment in the school district’s favor. First, the court reiterated the law with regard to the determination of whether a duty was owed in particular circumstances. First, the court is to establish whether the risk was foreseeable, and, if it was, the court must then apply a balancing test based upon the principles of fairness to decide whether the risk was reasonable or unreasonable.

The court rejected the school district’s argument that, under prior case law, any sexual assault between children was unforeseeable as a matter of law, noting that the defendant had a policy in place to the effect that children were never to be out of sight and were to be monitored in the halls and bathrooms. The court then noted that the record was unclear on when and why the policy was put into place (in particular, whether it was precipitated by a previous sexual assault between students).

The court then concluded that the existence of the policy created at least a question of fact regarding whether the school district anticipated a student-on-student sexual assault and that the policy itself could have a bearing on the question of whether the assaults at issue were foreseeable. Since the question of whether the assaults on the plaintiff’s child were foreseeable, based upon the school district’s supervision policy, was a question that would have to be determined at trial, the court ruled that the trial court’s order granting summary judgment to the school district was premature.

If Your Child Has Been Injured Due to Negligence

Cases involving injuries to children require special attention. The experienced Knoxville personal injury attorney at the Hartsoe Law Firm, P.C., is well-versed on Tennessee negligence law, both as it applies to children and as it applies to adults. For a free consultation on your case, call us for an appointment at (865) 804-1011. We represent injured people and families who have lost loved ones to wrongful death in and around Knoxville, including in Blount County, Anderson County, and Roane County.

Related Blog Posts: Knoxville Court Rules Father is Not Barred From Bringing Tort Claim on Behalf of His Injured Child Federal Court in Tennessee Refuses to Order Minor Child with Seizures to Travel to Florida for IME – Vandergriff v. Red Robin International, Inc.

If the parties cannot agree on the details of when, where, and under which conditions the examination will take place, the trial court has broad discretion to enter an order resolving the issue.

The Facts of the Case

The plaintiffs in the case of Vandergriff v. Red Robin International, Inc. were a minor child and her parents. They filed a negligence suit against the defendant restaurant, seeking to recover compensation for injuries allegedly suffered by the child in a fall on the premises of the restaurant. According to the plaintiffs, the slip and fall on the defendant’s property left the child with a seizure disorder.

During discovery, the defendant requested that the minor child have an independent medical evaluation (IME) with a doctor who specialized in seizure disorders. The plaintiffs did not object to the IME but were uncomfortable with the idea of the child traveling to the doctor’s office in Miami, Florida (even though the defendant was willing to pay their travel expenses) because the minor plaintiff’s treating physician would not give her medical clearance to get on a plane due to her seizures. According to the defendant, the IME would cost $800 if it were performed in Miami, but it would cost several thousand dollars more if the doctor had to come to Chattanooga to perform the exam.

The Issue to be Resolved

The defendant filed a motion pursuant to Fed. R. Civ. Proc. 35, seeking a court order requiring the minor child to submit to the IME in Miami. The parents and minor child filed a response opposing the location of the examination and attached the affidavit of the child’s physician.

The Federal District Court’s Decision

Following a hearing, the United States District Court for the Eastern District of Tennessee at Chattanooga denied the defendant’s motion. The court ruled that the IME was to take place in Chattanooga, rather than Miami. The court noted that, although the IME physician had opined that there was nothing in the child’s medical records to indicate that it would be unsafe for her to travel to Miami, the child’s treating physician – who, unlike the IME doctor, had actually examined the child and spoken with her family – refused to give her medical clearance to fly. Furthermore, the child’s mother was pregnant and would be eight months along at the time that the defendant wanted the IME to take place in Miami.

The court noted that it had considered the burden on the IME doctor if he were required to travel to Chattanooga, but it found that he would be effectively compensated for his inconvenience by his $7,500 per day fee. With regard to the defendant’s request that the increased costs associated with the IME taking place in Chattanooga rather than Miami be deducted from any recovery eventually obtained by the plaintiffs in their litigation, the court reserved its ruling until a later date.

For Help with Your East Tennessee Injury Case

As this case illustrates, there can be a lot of procedural finagling in a personal injury lawsuit. If you or a loved one has been hurt in a slip and fall or other accident, you should contact an experienced Knoxville premises liability attorney to represent you as you seek compensation from the responsible party. To schedule an appointment with the Hartsoe Law Firm, call (865) 804-1011 and ask for a free, confidential case evaluation today.

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In response to the father’s case, the non-profit filed a motion for summary judgment, arguing the man was prohibited from pursuing the lawsuit under Section 20-1-105(b) of the Tennessee Code Annotated. Under the law, if an injured child’s parents are not cohabiting and one parent has exclusive legal custody of the minor, only that parent has the right to bring a lawsuit. At the time of the child’s injury, the boy’s mother was his primary residential parent. Following a hearing, the trial court granted the organization’s motion. The father then filed an appeal with the Court of Appeals of Tennessee at Knoxville.

On appeal, the child’s father argued that the trial court committed error when it found he lacked standing to pursue the case because he was his son’s alternate residential parent. In Tennessee, two separate and distinct causes of action arise when a tort is committed against a minor child. One cause of action is a parent’s claim for loss of services and any medical expenses paid by the parent. The other action is for any pain, suffering, impairment, and other resulting damages suffered by the minor. After examining the plain language of the statute, the appellate court ruled that the trial court properly found the law barred the father from bringing a claim on his own behalf because he was not the child’s primary residential parent.

Despite this, the Knoxville court stated the statute did not prohibit the father from seeking damages on his son’s behalf. According to the appellate court, the statute relied upon by the trial court does not address an injured child’s right to recover damages. Since a child may not bring a lawsuit on his or her own behalf, and no rule of Tennessee law prohibited the child’s father from doing so as his child’s next friend, the Knoxville court held that the trial court committed error when it granted summary judgment to the non-profit organization on the issue of the child injury claim.

Ultimately, the Court of Appeals of Tennessee at Knoxville affirmed the trial court’s grant of summary judgment with regard to any claims brought by the child’s father on his own behalf and reversed the lower court’s grant of summary judgment regarding the tort claims brought on behalf of the hurt boy.

The caring lawyers at the Hartsoe Law Firm, P.C. help personal injury victims in Knoxville and across Eastern Tennessee recover the financial compensation they deserve based on the severity of their harm. To discuss your rights with a knowledgeable Tennessee personal injury attorney, call the Hartsoe Law Firm, P.C. at (865) 804-1011 or contact us online today.

Additional Resources: Neale v. United Way of Greater Kingsport, Tenn: Court of Appeals 2015

More Blog Posts: Knoxville Appeals Court Holds Plaintiff’s Evidence Was Sufficient to Continue to Trial in Premises Liability Action, July 29, 2014, Knoxville Injury Lawyer Blog

Appeals Court Vacates Order Dismissing Wife’s Loss of Consortium Claim With Prejudice in Tennessee Medical Malpractice Case, June 24, 2014, Knoxville Injury Lawyer Blog

Following the fatal incident, the child’s father filed a wrongful death lawsuit against the property owner, her adult daughter, the property owner’s insurance company, and the driver of the automobile that was involved in the accident. Although the insurer initially defended the property owner at trial, the company sought a declaratory judgment from the court after claiming the child’s accident was not covered under the policy. Due to his interest in the outcome, the child’s father was allowed to intervene in the action. The trial court held a hearing on the matter and ultimately agreed with the insurance company. The court determined that the property owner’s coverage did not extend to the boy’s fatal collision in the roadway. After the father’s post-trial motions were denied, he asked the Court of Appeals of Tennessee, at Knoxville to review the lower court’s decision.

On appeal, the man argued that the trial court failed to make sufficient findings of fact when it determined the four-wheeler was no longer on the woman’s property at the time of the fatal accident and that the court committed error when it ruled in favor of the insurance company because the policy language was ambiguous. The Knoxville court first stated the trial court’s decision should be upheld unless it is in conflict with the preponderance of the evidence. Next, the court said that an insurance policy is a contract and its terms should be construed according to their logical and plain meaning. After examining the language of the insurance policy, the Court of Appeals dismissed the man’s claim that it was ambiguous. Because the policy interpretation offered by the bereaved father was strained and the trial court properly interpreted the plain language requirements for accident coverage included in the policy, the appellate court refused to overturn the trial court’s holding.

The court also dismissed the man’s claim that the trial court made improper findings of fact related to where the accident took place based on the sworn testimony of the only accident witness. Because the record demonstrated that the trial court made sufficient findings of fact regarding where the deadly collision took place, the Knoxville court held that the lower court’s decision was not contrary to the evidence and affirmed its decision.

If you were injured or lost a close family member in a Blount County motor vehicle accident, contact the experienced lawyers at the Hartsoe Law Firm, P.C. To speak with a skilled personal injury advocate about your case, give us a call today at (865) 804-1011.

Additional Resources: Tennessee Farmers Mutual Insurance Company v. Simmons, Tenn: Court of Appeals 2014

Related Blog Posts: Jury’s Comparative Fault Verdict Upheld in Eastern Tennessee Auto Collision Case: Miller v. Moretz, July 16, 2014, Knoxville Injury Lawyer Blog

Tennessee Federal Court Discusses Elements of Premises Liability Claim: Griffin v. Wal-Mart Stores East. LP, July 9, 2014, Knoxville Injury Lawyer Blog

Child Paralyzed from Seatbelt In Meals v. Ford Motor Company, the plaintiff, a 6 year-old boy, had suffered severe abdominal injuries and paralysis after a car accident. The young boy was riding in the back seat of a Ford Mercury and had been buckled, but the boy’s father placed the shoulder strap behind the boy’s back because it ran across the boy’s face. While driving on the interstate, another driver, under the influence of alcohol and cocaine, ran head on into the Ford Mercury. Because the shoulder strap was behind the child, the child’s body jackknifed over the lap belt, violently pushing the belt up into the child’s abdomen causing severe abdominal injuries, a collapsed lung, loss of a portion of his small intestines, a brain injury, a cracked skull, and a dislocated spine leaving him permanently disabled from the waist down.

Trial Court Awards $43.8 Million The child brought a suit against several parties including a products liability claim against Ford motor company, because of the faulty design of the safety belt. At trial, the jury ruled that the drunk driver was 70% at fault for the accident, the father 15% at fault for improperly belting the child, and Ford Motor company 15% at fault for the faulty design of the safety belt. The jury awarded damages in the amount of $43,800,000 of which Ford’s share was $6,570,000.

Appeals Court Reduces Damages Ford appealed the decision, and the appeals court determined that the damages were excessive and remanded the case back to the trial judge suggesting a remittitur from $43.8 million to $12.9 million, making Ford’s share $1,935,000. The appeals court found $12.9 to be twice the provable economic damages, allowing for the other half of the damages to be non-economic. Under Tennessee law a plaintiff is entitled to recover economic damages, which the plaintiff bears the burden of proving the amount. The plaintiff is also entitled to recover for non-economic damages for their pain and suffering, permanent impairment or disfigurement, and loss of enjoyment of life.

Supreme Court Hears Case The plaintiff then appealed that amount to the Supreme Court of Tennessee. The Supreme Court of Tennessee held that the court of appeals had the authority to suggest a remittitur; however, they also found the 12.9 million to be in error. The Supreme Court, discussing the role of the appeals court, noted that the trial judge acts as the thirteenth juror when deciding damages, and any analysis should be deferential to the award by trial judge. The trial judge’s decision should not be disturbed if any material evidence supports damages and if the amount of damages are found to be reasonable.

Material Evidence Found The court found material evidence supporting the non-economic damages. The child had extensive medical treatment with permanent wires and rods infused into his body, which included a spinal fusion. The child will be subject to extensive physical therapy and medical treatment throughout his whole life. Prior to the accident, he participated in sports, enjoyed school, and played with many friends. He now has significant disabilities and paralysis, with no control over his bladder or bowels. He requires psychiatric treatment to deal with the limitations of his condition. He is likely impotent and will never be able to have children. The court found there was evidence supporting a substantial award of non-economic damages.

Trial Award Reasonable In looking at the reasonableness of the award, the court further noted that a trial judge may consider amounts awarded in other similar cases to determine the lower and upper limits of a reasonable reward. The court examined several cases with like circumstances and injuries and found that the $43.8 million award was on the high side for spinal injuries, but not excessive or unreasonably high. The court held that the verdict was supported by material evidence and was within the range of reasonableness.

Car Accident Victims The decision is an important ruling for victims of car accidents. Car accident victims will get a fair chance to be fully compensated for injuries caused by negligent and reckless drivers. Unfortunately, not everyone on the road drives safely, and dangerous accidents can happen. According to the Bureau of Labor Statistics, fatal car accidents in Blount County have been on the rise in recent years.

What to Do If You Are in an Accident If you or a loved one have been the victim of a car accident an experienced car accident attorney will be able to gather evidence related to the incident and can review all the elements of the case. You are encouraged to contact a local personal injury attorney with experience handling car accident and personal injury cases.

If you have been involved in a vehicle accident, contact Hartsoe Law Firm, P.C. at (865) 804-1011.

Additional Resources: Meals v. Ford Motor Company, Aug. 30, 2013, The Supreme Court of Tennessee

Traffic Fatalities for Blount County, 2013, National Highway Traffic Safety Administration Data

More Blog Entries: Knoxville Ejection Crashes Often End in Serious Injury, Death, Aug. 14, 2013, Knoxville Injury Lawyer Blog

Defective Product Risks for Children this Holiday Season, Nov. 30, 2012, Knoxville Injury Lawyer Blog

Although they are smaller, they can be unquestionably just as dangerous.

As a parent, there is no greater loss than that of a child. Devastation doesn’t begin to describe the depths of it, no matter what the circumstances. However, what has the potential to worsen the blow is when it was entirely preventable. That may have been the case here.

Officials in Kingsport say the child was playing around an ATV that was parked in the yard of a residence. In the course of his play, he reportedly pushed and pulled the machine and was able to dislodge it from where it was parked. He was standing in front of the machine as it began to roll down a hill toward the house, which was located at the bottom of the hill. The child then became pinned in between the ATV and the home, suffering injuries that ultimately proved fatal.

Although authorities have said the keys were not in the ignition and the vehicle’s engine was off at the time of the incident, we’re talking about a machine that is, at minimum, 300 pounds, and possibly as much as 800 pounds. That a 4-year-old had the ability to move it suggests that it was potentially not properly secured, which could turn out to be an issue of premises liability, particularly if the owner of the device knew or should have known children would be playing near it.

It might also have been a product liability issue if the brake didn’t properly secure the vehicle in place.

That’s speculative, of course, and the investigation is still ongoing. Still in these instances, one weighs all the potential avenues of recourse.

The American Academy of Pediatrics, as well as the American Academy of Orthopedic Surgeons have both issued formal recommendations indicating that children under the age of 16 should not drive ATVs, nor should they be around them unsupervised.

The Consumer Product Safety Commission reports that ATV crashes increased by 88 percent between the mid-1990s and mid-2000s. During that same time frame, some 44,000 children were hospitalized for injuries related to contact with ATVs or ATV crashes. In fact, children under the age of 16 accounted for nearly a third of all off-road vehicle injuries on ATVs in 2005.

In another recent local case, a 25-year-old ATV rider was killed when the machine he was operating veered off the roadway, hit an embankment and rolled over. At this point, we don’t have a lot of additional information regarding the surrounding circumstances. Officials are working to determine whether drugs or alcohol may have been a factor in the crash.

While children are advised to steer clear of ATVs altogether, adults should take special precautionary measures to ensure their own safety while operating these devices, according to the CPSC. Those precautions include:

• Always wearing a helmet, eye protection, boots, gloves, long pants and long-sleeved shirts;
• Refrain from driving with a passenger or as a passenger, as ATVs are not designed for this;
• Undergo a safety training course;
• Avoid driving ATVs on paved roads;
• Do not allow a child under the age of 16 to drive or ride on an adult ATV;
• Never drive an ATV while impaired by alcohol or drugs.

If you are involved in an ATV accident, contact Hartsoe Law Firm, P.C. at (865) 804-1011.

Additional Resources: Mishap involving ATV claims life of 4-year-old in Kingsport, Sept. 3, 2013, By Wes Bunch, Times News

25-year-old Kentucky man killed in ATV accident, Sept. 1, 2013, Associated Press

More Blog Entries: Knoxville Traffic Safety Watch: Men More Likely to Speed? Aug. 7, 2013, Knoxville Injury Lawyer Blog

According to the Consumer Product Safety Commission (CPSC), roughly 200 people on average visit an emergency room every day with fireworks-related injuries in the month around the July 4th holiday.

“We would encourage you to enjoy the holiday at a public display presented by trained professionals, where compliance with state-of-the-art fire codes offers a safer way to celebrate our nation’s independence,” said Julie Mix McPeak, the State Fire Marshal and Commerce and Insurance Commissioner.

Our Maryville personal injury attorneys understand that one wrong move with a firework can result in serious injuries and painful memories. Children are actually the most at risk for these kinds of accidents. Children ages 5-19 are at higher risks than any other age group. Fireworks, if used improperly, can result in injury to the eyes of a child or adult as well as varying degrees of burns on the skin.

Before beginning any firework celebrations, make sure you’re aware of the state and local laws. Once you’ve done that, you want to make sure that you’re as safe as can be. Consider following these safety tips:

-Never allow children to play with or ignite fireworks.

-If you ever purchase fireworks that are in a brown paper bag, discard them. The brown bag oftentimes means that they were intended for professionals and can be very dangerous.

-Make sure that an adult is supervising all firework activities.

-Be sure that no body part is ever placed directly over a firework device when it’s being lit. The safest way to light a firework is to back up a safe distance as soon as it’s lit.

-Never point a firework at another person.

-Make sure that there is a bucket of water or a hose nearby for emergency use.

-Don’t put fireworks in your pocket.

-Don’t light fireworks and ignite them on a metal surface or on grass. Ignite all fireworks on a flat, hard surface.

-One light of fireworks one at a time.

-Never alter the use of fireworks of produce your own homemade fireworks.

-If you come across a “dud,” don’t attempt to relight it. Simply place it in a bucket of water or hose it down.

-Alcohol and fireworks do not mix. Have a “designated shooter.”

-Be cautious of lighting any aerial firework during strong wind conditions. The firework should be lit with the prevailing wind blowing away from the spectators. If there is a significant wind shift during the time you are lighting the firework, the shooting site should be rearranged.

-Remember that sparklers are not toys and cause hundreds of injuries every year. They burn hot, reaching temperatures as high as 1,200 degrees, and they stay hot long after they’ve burned out.

Your best bet when it comes to staying safe during your Fourth of July holiday this year is to attend your local celebration and leave the fireworks to the professionals.

If you or a loved one is injured, contact Hartsoe Law Firm, P.C. for a confidential consultation to discuss your rights. Call (865) 804-1011. More Blog Entries: Knoxville Personal Injury Attorneys Wish You a Safe and Fun Fourth of July, Tennessee Injury Attorney Blog, June 30, 2011

Parents reading this article and other warnings over the holiday season have cause for concern. Potentially dangerous toys are everywhere on shelves in stores throughout the United States, and the holiday season is a time when many of these toys are bought as gifts and make their way into our homes. Kids are especially vulnerable to being seriously injured as a result of a defective toy or other child’s product.

To help parents keep their children safe from dangerous toys this holiday season, our injury attorneys in Knoxville urge parents to learn all they can about toy recalls and to keep up-to-date about any new recalls that occur. The Consumer Product Safety Commission (CPSC) page on Recalls and Product Safety News is a good starting point for parents. Parents should also consider the information below to help protect their kids from dangerous toys.

Toy Dangers and Risks Over the Holiday Season

Although there are strict toy safety standards in place, a number of potential problems may exist in toys purchased for kids over the holidays. According to the Memphis Action News 5 summary of the Trouble in Toyland survey, some of the risks presented by toys on the shelves this year include:

• Toys with magnets that could easily be swallowed.
• Toys with small parts that could be swallowed, which are lacking in adequate choke hazard warnings to ensure the toys aren’t purchased for kids under three.
• Toys that violate safety regulations.

These are just some of the potential problems identified by the U.S. Public Interest Research Group, whose full report can be found here. The hazards were identified by researchers who spent several months visiting stores throughout the United States and checking for potentially dangerous products.

Toy Recalls on the Decline, Injuries on the Rise

Although risky toys were found by the U.S. Public Interest Research Group, Memphis Action News 5 reported that lead and other toxins were not as much of a concern in toys this year as a result of a tougher product safety law passed in 2008. The new law imposed stricter limits on the amount of lead and other chemicals that could be present in children’s toys.

A November 2010 report from the U.S. Consumer Product Safety Commission (CPSC) also indicated that tougher safety laws had started to reduce the number of fatalities associated with toys as well as the number of toys recalled each year. According to CPSC’s report, the number of recalls dropped from 172 in 2008 to 50 in 2009 to 44 in 2010. The number of deaths caused by toys was also lower, with 12 kids under age 15 dying in 2009 as compared with 24 toy-related deaths for kids in the same age group in 2007 and 2008.

CPSC did indicate that the number of injuries was increasing, however, even as deaths and recalls dropped. This increase did not necessarily mean toys were more dangerous though, as CPSC indicated that many of the visits to the ER were for mild injuries such as cuts and were not specifically caused by the toy but instead were associated with the toy.

Cutting the Risk of Injury For Your Kids While CPSC indicated in 2010 that things were looking up for toy safety, the fact is that there is still risk. As such, parents should be vigilant about monitoring the toys that children receive, checking to see if any of those toys have been recalled, and supervising play when any new or potentially dangerous toys are being used.

These steps can be helpful in cutting the risk of injury, but ultimately the best and only way to keep children safe from defective toys is for manufacturers to be held accountable. Manufacturers are in the best position to ensure a toy is safe, and they are held to a high standard of accountability under the law. In fact, injured victims who are harmed by a toy, or the family members of victims, can file a civil lawsuit against the manufacturer to recover damages. If you can show that the toy was used as the manufacturer directed and intended and if the toy caused injury, then the toy manufacturer, distributor or seller can all be held liable.

If you are involved in an injury accident in Knoxville, contact Hartsoe Law Firm, P.C. for a confidential consultation to discuss your rights at (865) 804-1011. Holiday Shopping & Knoxville Premises Liability Claims, Published by Hartsoe Law Firm, November 23, 2012

Holidays a Dangerous time for Fall Accidents in Tennessee, Published by Hartsoe Law November 23, 2012

The animal was a rescue dog the family took in several months ago. The animal has been given to the Union County Humane Society. Its fate is uncertain, although the family reportedly thinks it should be euthanized, rather than readopted. Meanwhile, according to news reports, the family is struggling to determine insurance coverage as doctors say the little girl will need months of treatment.

We are a nation of dog lovers. The Humane Society of the United States reports about 40 percent of U.S. households own 78.2 million dogs. Unfortunately, serious and fatal dog attacks are not uncommon. The Centers for Disease Control and Prevention reports 4.5 million people are bitten by a dog each year — or more than 12,000 dog bites per day!

Nearly 1 million victims a year seek emergency medical treatment and more than 30,000 are forced to undergo reconstructive surgery.

Tennessee dog bite law was updated by the legislature in 2007 and now establishes strict liability for dog owners only under certain circumstances. The Dianna Acklen Act of 2007, T.C.A. sec. 44-8-413, provides that dogs must be under reasonable control and not running at large. “A person who breaches that duty is subject to civil liability for any damages suffered by a person who is injured by the dog while in a public place or lawfully in or on the private property of another.”

There is also no liability for injuries that occur on a dog-owner’s property unless the victim proves scienter, meaning that the dog owner knew or should have known of a dog’s dangerous propensities. The Insurance Information Institute reports more than 50 percent of dog bites occur on a dog owner’s property. Thus, under the new law, guests in a dog owner’s home may not be covered by his insurance, while strangers on the street enjoy full protection. Tennessee is unique in having passed such a “residential exclusion,” which is certain to undergo a battery of legal challenges as these cases make their way through the system.

As it stands now, a victim bitten on a dog owner’s property must prove the defendant owned the dog, the dog caused the injuries, and the owner knew or should have known the dog was dangerous. As we see in this case, the rescue dog responsible for the attack could well be “rescued” again by another unknowing family.

The truth of the matter is these cases frequently involve a pet known to the victim, whether a family member’s, neighbor’s or close family friend’s. And children are the most likely victim.

The risks increase as children begin spending more time inside with pets. End-of-year family gatherings and new pets invited into the family during the holidays also increase the risk. While adopting a dog, rescuing an animal or taking in a stray can be admirable alternatives to the pet store, none of these options are without risk. Choose a pet carefully. Supervise its interaction with the family and teach young children how to stay safe around dogs, whether the neighborhood pet or a stray on the street.

If you are dealing with an injury to a child in Tennessee, contact Hartsoe Law Firm, P.C. for a confidential consultation to discuss your rights at (865) 804-1011.

Additional Resources:

Mom: Shelter won’t euthanize family dog after attack, By Stoney Sharp, NBC10 News, Sept. 28, 2012.

Tennessee School Bus Accident Injures 20, Published by Hartsoe Law Firm, P.C., Sept. 20, 2012.

According to the Nation Safety Council (NSC), about 25 million students around the United States will be climbing aboard big, yellow buses this month and heading back to school. Unfortunately, this is also a time where we see a number of injuries and deaths because of school bus-related accidents. As a matter of fact, school bus-related accidents took the lives of 134 people in 2005 alone. During that year, another 11,000 were injured. Of the people injured in these accidents from 2000 to 2004, roughly 46 percent were school bus passengers, about 8 percent were school bus drivers and another 41 percent were occupants of other vehicles. The rest of the injuries were sustained by pedestrians, bicyclists and other persons.

Our Knoxville personal injury attorneys would like to wish all the kids a happy and successful year back at school and we’d like to talk to the parents about important safety tips that can help to keep your child safe this school year.

If your child is walking to school:

-Make sure they walk with a group of kids and always with a responsible adult.

-Be sure that they stay on the sidewalk, if available.

-If there’s not sidewalk, remind them to always walk facing traffic.

-Require them to always cross the street at a street corner or at an intersection. It’s the safest!

-Make sure they check both ways before stepping off the curb and crossing the street.

-Walk. Don’t run across the street. Running makes your child more likely to fall in the street.

If your child rides a school bus, make sure they:

-Stand at least three giant steps, or 6 feet, away from the curb.

-Make sure they cross the street at least 5 giant steps, or 10 feet, in front of a school bus.

-Make sure the bus driver can see them and they can see the bus driver.

-Alert them of the dangers of walking behind the bus.

-Tell your child to never put their head, hands or arms out of the bus window.

-Shhh! Ask them to keep an indoor voice while riding the bus.

-Make sure they keep the bus aisles clear.

-Keep them away from the wheels of the bus at all times.

While parents should be concerned with their student’s focus on their studies, you should also be concerned with their safety both getting to school and while they’re at school. Equip your child with the knowledge of safety before sending them off to school this year.

If you or a loved one is injured or killed in a car or bus accident in Tennessee, contact Hartsoe Law Firm, P.C. for a confidential appointment to discuss your rights with our Knoxville injury lawyers and Maryville accident attorneys. Call (865) 804-1011.

More Blog Entries: Picking a Vehicle: Help Keep Your Teen Safe in a Tennessee Car Accident, Tennessee Injury Attorney Blog, August 3, 2011 Teen Driver Dies in Tennessee Car Accident, Tennessee Injury Attorney Blog, June 6, 2011

For those of you traveling this weekend, be safe. AAA estimates that 39 million drivers will be hitting the roads, down slightly from 40 million in 2010, USA Today reports. The national auto group believes that an average $1 increase in gas prices is the reason for the slight dip in drivers.

But 39 million is still a huge number of drivers and they represent a high risk of car accidents in Knoxville and the surrounding areas this weekend. According to the National Highway Traffic Safety Administration, 989 people died on Tennessee roads in 2009. That ranked Tennessee ninth in the country in highest number of traffic deaths.

And despite tough criminal penalties for people convicted of DUI, people continue to drink and drive, causing tragic and devastating injuries and deaths. In 2009, The Century Council reports, 303 died in 2009 in alcohol-impaired crashes in Tennessee, about 1/3 of the total number of accidents.

While vehicle accidents are a risk, so are boating accidents. Tennessee had 266,185 registered vessels in 2010, which was down more than 3,000 from 2009, according to the Tennessee Wildlife Resources Agency. But despite the drop in vessels, there were 167 boating accidents in 2010, up from 2009, when there were 158. There were also 19 fatal accidents in 2010.

The Ocoee River had 34 boating accidents, tops in the state. And while boating accidents that cause trauma are a concern, drowning is also a risk. The Associated Press recently reported that two people have drowned in the Ocoee River this year.

According to the Centers for Disease Control and Prevention, there were 3,443 fatal unintentional drownings in 2007. Children are most likely to drown. Among children ages 1 to 4 who died from unintentional injuries, nearly 30 percent died from drowning.

So, whether whitewater rafting or swimming in your own pool, be safe. Swimming pool injuries can lead to lifelong injuries and brain damage. Near-drownings can have substantial effects on a child.

But what many people most look forward to during the Fourth of July weekend is fireworks. They light up the sky and are fun to watch, but they can be dangerous. Fireworks accidents claimed seven lives in 2008 and another 7,000 were injured, the CDC reoprts. The most common fireworks injuries are to the eyes, hands, fingers, arms and legs.

Here are some fireworks tips to keep your family safe this holiday weekend from The National Council on Fireworks Safety:

• Use fireworks outdoors only
• Obey local laws
• Always have water handy
• Never relight a “dud” firework
• Don’t alter or use homemade fireworks
• Don’t mix alcohol and fireworks
• Don’t let children under 12 use sparklers
• Use common sense

If you or a loved one is injured or killed in a Tennessee car accident, contact Hartsoe Law Firm, P.C. for a confidential appointment to discuss your rights with our Knoxville injury lawyers and Maryville accident attorneys. Call (865) 804-1011.

Additional Resources:

High gas prices will cut July 4 travel, AAA says, by Laura Bly, USA Today

Fireworks Safety, by Amanda Odom, CBS News

More Blog Entries:

Smokies Relief Pitcher Involved in Hit-and-run Knoxville Car Accident: June 22, 2011

These accidents are not uncommon among our teen drivers. Teens are more vulnerable for a car accident in Tennessee and elsewhere because of their lack of driving experience. They’re also more likely to participate in distracted driving behaviors and to ignore roadway rules and regulations.

Our Maryville personal injury attorneys would like to warn teens and parents about the increased risk of motor-vehicle accidents during the summer months. With prom, graduation and summer break approaching, teen drivers will be hitting our roadways in full force. It is no surprise that these months provide the 100 most dangerous days for teen drivers on our roadways.

An autopsy on the teen driver indicated the she died “as the result of neck and chest trauma,” according to the coroner’s office. Routine toxicology testing will be conducted in order to determine if alcohol or drugs were a factor in the crash,

The father of the teen driver is responding to reports and articles that claim that his daughter was on the phone right before the accident.

“She was not texting and talking on her phone,” said Barry Budwell, the teen’s father. “That’s the first thing I have to hear about, and that’s wrong.”

After analyzing crash data from the Insurance Institute for Highway Safety (IIHS), the Allstate Foundation discovered that May 20 is the deadliest day for teens on our roadways. This day took the lives of 63 percent more teen lives than average over the past five years.

Because of the increased traffic of teen drivers in the summer, May through August prove to be most deadly. There are 100 days between Memorial Day and Labor Day that have bee coined as the deadliest for teen drivers.

Data from the IIHS also concludes that roughly 60 percent of teen passenger deaths occur in vehicles that are driven by another teen. Other studies concluded that more than 75 percent of teens confess that they feel unsafe while riding with another teen driver.

Motor-vehicle accidents continue to be the number one cause of death for teens in the United States. These accidents take more lives than cancer, heart disease and AIDS altogether. Every year, roughly 6,000 teens die in traffic accidents. This means about 16 teens die because of car accidents every day. More than 300,000 teens suffer injuries from these accidents every year. Overall, teens are involved in three times are more fatal accidents than any other age group of drivers.

According to the National Highway Traffic Safety Administration, 158 teens died in Tennessee traffic accidents in 2009 alone.

If you or a loved one is injured or killed in a car accident in Tennessee, contact Hartsoe Law Firm, P.C. for a confidential appointment to discuss your rights with our Knoxville injury lawyers and Maryville accident attorneys. Call (865) 804-1011.

More Blog Entries: Three High School Teens Die in Tennessee Traffic Accident, Tennessee Injury Attorney Blog, May 20, 2011 Teens More Likely to Text and Drive Causing Increased Risk for Knoxville Car Accidents, Tennessee Injury Attorney Blog, March 24, 2011

Now that spring has arrived, the temperatures will be heating up enough to start jumping in the pool for a swim. Adults are reminded to make sure your kids are under constant supervision in order to prevent a swimming pool accident in Knoxville, Maryville or elsewhere in Tennessee.

Recently, a babysitter was watching over the son of a well-known trucking entertainer when a pool accident occurred. The Tennessean reports the three-year-old boy fell in the pool and almost drowned under the babysitter’s watch. The boy still showed signs of life when he was discovered in the pool so he was LifeFlighted by helicopter to Vanderbilt University Medical Center. Nine days following the fall into the pool the young boy died after being removed from the ventilator. No charges have been filed against the babysitter to date as the incident was considered an accident.

The Centers for Disease Control and Prevention report children are at a high risk of drowning accidents. In 2007, it was reported that over 20 percent of drowning victims were children ages 14 and under. For every five children involved in a pool accident, an average ratio of 1 drowns and 4 have to go to the hospital for nonfatal submersion injuries. Submersion injuries can lead to a permanent vegetative state, learning disabilities, memory problems or long term disabilities caused by brain damage.

Some parts of the state are being proactive in an attempt to minimize drowning and pool accidents this year. WBIR reports the passing of Katie Beth’s Law which took effect on January 1st, 2011. The new law requires any homeowner in East Tennessee who has a pool on their property to install a pool alarm.

Building permits will not be handed out by local governments unless the contractor specifically states a pool alarm will be installed. Electrical inspectors will only give a seal of approval to installations that have a functioning pool alarm. Pool companies are required to post signs in their place of business alerting customers about the new law. Katie Beth, the great grand-daughter of State Senator Charlotte Burks, drowned back in 2009 in a Cookeville swimming pool.

The CDC offers the following MUST DO tips to prevent drowning or pool accidents this summer:

– Learn how to swim by taking lessons and becoming comfortable in the water.

-Kids should have a buddy system when playing in the pool. Never allow a young child to swim alone unless a constant eye is kept on them at all times.

-Never use air-filled or foam toys in replacement of a life vest. These are meant as toys, not to save lives.

-Adults should know CPR, especially if you have kids swimming in your residential pool.

-Install a four-sided fence around the pool area only.

-Have a pool company install a pool alarm at the time they open the pool for the season.

If your or a loved one has been involved in a drowning or pool-related accident in Knoxville or Blount County, contact Hartsoe Law Firm, P.C. Call for a free and confidential appointment to discuss your rights at (865) 804-1011.

Research conducted by The American Academy of Pediatrics (AAP) found that, up until the age of 2, children riding in rear-facing car seats are more than five-times safer than in any other seat. They recommended children stay in rear-facing car seats until they outgrow them.

The NHTSA recommends looking for a car seat that fits well in your vehicle and one that is based on your child’s age and size. Proper installation of the seat should follow the safety seat manufacturer instructions and the vehicle’s owner manual. Children, until at least the age of 12, should ride in the back seat.

“The ‘best’ car seat is the one that fits your child, fits your vehicle and one you will use every time your child is in the car,” says Transportation Secretary Ray LaHood.

Guidelines to follow by age from the NHTSA include: Newborn to 12 Months: Should always be in a rear-facing car seat. They can be in an infant-only car seat, a convertible seat or 3-in-1 seat. It is advisable to have either a convertible or 3-in-1 seat that has higher size limits so they can be used longer.

1 to 3 years: Keep your child in a rear-facing seat until he reaches the limits for height or weight according to the car seat manufacturer. This is the best method to keep the child safe.

4 to 7 years: Keep your child harnessed in a forward-facing car seat until they reach the maximum height or weight limit allowed by the car seat manufacturer.

8 to 12 years: Keep your child in a booster seat until they are big enough to fit properly in a seat belt. The lap belt should be snug across the hips, not the stomach. The shoulder belt should be snug across the shoulder and chest, never across the neck or face. Children should stay in the back seat until they are at least age 12.

“Selecting the right seat for your child can be a challenge for many parents. NHTSA’s new revised guidelines will help consumers pick the appropriate seat for their child,” says David Strickland, Administrator of the National Highway Traffic Safety Administration.

If you or a loved one is injured or killed in an accident in Tennessee, contact Hartsoe Law Firm, P.C. for a confidential appointment to discuss your rights with our Knoxville injury lawyers and Maryville accident attorneys. Call (865) 804-1011.