Articles Posted in Pedestrian Accidents

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bathtubLandowners and individuals who invite another person into their home owe their invitees a duty to protect them from unreasonably dangerous conditions.  But what happens when an invitee is also aware of the dangerous condition and knowingly attempts to navigate it, but ultimately hurts him or herself? Is the landowner still liable for the injuries that occurred, or does the invitee take on liability because they willingly subjected themselves to such conditions? A recent case before the Supreme Court of Kentucky looks at liability when the danger is “open and obvious.”

In Goodwin v. Al J. Schneider Co., Mr. Goodwin was attending a convention at Galt House, owned by the defendant.  On the second day of the convention, Mr. Goodwin slipped and fell while getting into the bathtub and injured his knee.  The bathtub in his room did not have a bathmat, and the floor of the bathtub was quite slick.  After his fall, the Galt House provided Mr. Goodwin with a bathmat, and he later learned that many of the other rooms at the Galt House already had bathmats. In response, Mr. Goodwin sued, arguing that the slick surface of his bathtub was a dangerous condition and that the Galt House knew it was dangerous because it provided other rooms with bathmats. By failing to put a bathmat in his room, Mr. Goodwin alleged that the Galt House knowingly failed to exercise reasonable care for his safety. In response, the Galt House moved for summary judgment, arguing that Mr. Goodwin was equally aware of the slick surface of the bathtub and should have exercised care himself. Since he did not do so, he was liable.

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busNegligence in a personal injury lawsuit can be proven by a variety of means. A witness may testify to observing negligent behavior, or the negligent actions may be documented in writing. Alternatively, there may be independent objective evidence of negligence, or, in rare instances, negligence may be inferred from the circumstances of the case. When evidence of negligence is presented in a manner that the trial court is in the best position to observe, such as through witness testimony, appellate courts will generally give significant deference to the observations and conclusions of the trial court. However, when the evidence of negligence can be independently evaluated by the appellate court (such as in the case of a writing), the appellate court may, in some circumstances, re-evaluate that evidence on its own and reach an independent conclusion.  In a recent case before the Court of Appeals in Knoxville, the Court took it upon itself to review video evidence previously provided to a trial court and ultimately reversed the trial court’s decision.

In Peters-Asbury v. Knoxville Area Transit, Ms. Peters-Asbury sued for injuries she incurred while riding Knoxville Area Transit (KAT) buses.  Ms. Peters-Asbury was a student at the University of Tennessee-Knoxville at the time of the accident, and she had received a pass from the University to utilize KAT’s disability bus services. She had a lingering knee injury that gave her significant mobility restrictions.  On Ms. Peters-Asbury’s first day of classes, she requested transport from KAT to get her from one of her classes, at Bueller Hall, to the Disability Services office on campus, which was at Dunford Hall.  The KAT bus, driven by Michael Chigano, picked her up and transported her to Dunford. However, rather than using the main entrance, the bus dropped her off at a side entrance. As she was exiting the bus, Ms. Peters-Asbury tripped, fell, and fractured her ankle. She ended up in a wheelchair and ultimately had to withdraw for the semester, due to lingering complications from the injury.

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business stepsThe doctrine of premises liability in Tennessee provides that, in certain situations, property owners can be held liable for injuries or accidents that occur to members of the public on their property. As Tennessee courts have previously acknowledged, however, “negligence cannot be presumed by the mere happening of an injury or accident.” Instead, a plaintiff seeking to recover compensation for injuries must show that there was a duty of care that the property owner owed to the plaintiff and that the property owner’s actions, or lack thereof, amounted to a breach of that duty, resulting in injuries to the plaintiff. While a duty of care should prevent property owners from knowingly ignoring obvious dangerous conditions on their property, it does not require them to prevent every possible injury from occurring, especially those that could not have been foreseen. A recent case before the Tennessee Court of Appeals illustrates this point.

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child-s-play-1309509-1279x1705When an employee causes an injury to another person while acting within the scope of his or her employment, many times an employer can also be held liable for such injuries under the idea of vicarious liability.  Thus, when a bus driver is in an accident while performing the duties of his job, a bus company, or the employer who hired the driver, may also be responsible for the driver’s negligent actions because they occurred on the job. At the same time, employers may be directly responsible for injuries caused by an employee when they fail to correctly train an employee, or are negligent in their hiring of the employee and overlook red flags that should have been addressed.  A recent case in the Tennessee Court of Appeals addresses a novel question before the Tennessee courts:  can employers be both vicariously liable for injuries caused by their employees and directly liable for those injuries as well? Jones v. Windham et al. suggests that they can.

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gun-wrist-1193474-1278x826Gun control and gun rights are a hot topic of political debate in cities and communities throughout the country, and Tennessee is not immune to such controversy.  In the wake of increasing gun violence and a rise in gun-related deaths, proponents on both sides dispute whether the route to improved public safety involves stricter gun controls or greater gun freedom.  In Tennessee, at least one legislator proposes that all individuals should be entitled to protect themselves through the purchase and use of a gun, and those who would act to impede such freedoms should be held liable for any death or injury that may result.

Recently, Republican Senator Dolores Gresham introduced Senate Bill 1736. The bill provides that business owners who operate gun-free areas can be held liable for any injury that occurs to a concealed permit holder who is on their property but is not carrying a gun because of the gun-free restrictions.

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iStock_000018580648Small-300x199Auto accidents can happen to even the most cautious drivers. Maybe another driver ran a red light and hit you; maybe a multi-vehicle accident has left insurance coverage in question. These are just two examples of the types of auto accident cases taken on by the Nashville Accident Lawyers at the Law Office of Eric Beasley.

How a Nashville Accident Attorney Can Help

You might not know what to expect the first time you visit a lawyer’s office. To start with, you’ll be asked to describe the situation you’re concerned about. This interview will take place before any papers are signed so you won’t be held to any obligation if the Nashville Accident Lawyer is unable to assist. You’ll also be informed of steps involved in filing a car accident claim. This will give you an idea of how quickly your case can be resolved. If everything is agreeable to you, a contract will be available for you to sign. You’ll receive a copy of the document for your own records; it is part of your attorney’s legal responsibility to provide you with a copy of the contract so you can refer back to it in the future.

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ambulance-150x150A father of four was killed on Wednesday when he, his wife and three of their children were riding bikes on a road near their home in Coffee County on Wednesday evening. The accident occurred when the driver of a van was blinded by the afternoon sun and struck the man from behind, killing him almost instantly. His wife was hospitalized for neck and back injuries, and their 10-year-old daughter was treated for minor injuries. The other two children were uninjured in the crash.

Unfortunately, cyclists and pedestrians involved in motor vehicle accidents often suffer serious or fatal injuries. Many of these accidents are caused by negligent or reckless conduct on the part of motor vehicle drivers. If you have been injured in an accident that resulted from the negligence of another, you deserve to be compensated for your injuries. An experienced Murfreesboro auto accident attorney can help you get the compensation you deserve.

Free Consultation with a Murfreesboro Auto Accident Attorney