January 14, 2016 In Civil Litigation, Personal Injury

Dog Bite Lawyer: Loose Dogs Can Mean Strict Liability for Injuries.

Dog Bite Lawyer

Loose dogs can mean strict liability.

More advice from a dog bite lawyer. A few days ago, we posted about dog bites that occur on the property of the dog owner and how, in order for the dog owner to be held liable, the injured person must show that the dog owner had some kind of notice of the dog’s dangerous tendencies. But what happens if, for example, you are walking down the sidewalk or enjoying a run in the park and a dog attacks you? What if your own dog breaks loose, runs away from home, and later bites a stranger down the street?

The Tennessee dog bite statute ( Tenn. Code Ann. 44-8-413) treats dog bites differently depending on where they occur. Injuries that occur when a dog is running loose in a public place result in the strict liability of the dog owner. Dog owners have a duty to keep their dogs under reasonable control at all times and to keep them from “running at large.” “Running at large” essentially means the dog is loose and uncontrolled either on public property or on someone else’s private property. Unlike in cases where a dog bite occurs on the dog owner’s property, liability for a dog “running at large” does not hinge upon whether the dog’s owner knew or should have known of any dangerous tendencies of the dog. As usual, there are exceptions to this general rule, such as when the injured person harasses or provokes the dog.

Important Points to Consider

It is a huge risk to allow your dog to run free without a leash. If your dog bites or injures another person while running free and uncontrolled, you will most likely be held liable, even if your dog has never injured or bitten anyone before. Your insurance company may or may not assign a dog bite lawyer to represent you.

If you are bitten by a dog who is running loose, you are probably entitled to compensation for your injuries by the dog’s owner. Call a dog bite lawyer. Don’t be lulled into feeling sorry for the dog’s owner, who may be frantically and actively trying to regain control of the dog. The owner will probably be very apologetic, will be very upset, and will tell you that the dog has never bitten anyone before. None of this matters, though. Most likely, the dog’s owner will have applicable liability insurance. You should not be saddled with medical expenses you incurred through no fault of your own and the Tennessee legislature has provided you with the means to achieve fair compensation. Business is business, even if you are a dog lover yourself.

I am a Dog Bite Lawyer if you need help.

If you have questions about a dog bite or other injuries caused by a dog or other animal, please call me or one of the other lawyers at Patterson Bray at 901-372-5003. We have experience representing both dog owners and people who have been injured by dogs.

dog bite lawyer at Patterson Bray memphis, erin shea

Erin Shea, One of the Dog Bite Lawyers at Patterson Bray

January 12, 2016 In Civil Litigation, Personal Injury

Apartment Complex Crime – Memphis Attorneys

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We continue to read about apartment complex shootings in Memphis and can’t help but wonder what kind of security measures were in place at these complexes. Could a more thoughtful security plan have prevented these tragic deaths and injuries?

Recent Apartment Complex Shootings in Memphis

Edison Apartments: Man Shot at Downtown Apartments

Alden Gate Apartments: Two in critical condition after shooting

Abandoned Apartment Complex: Double Shooting at Memphis Apartment Complex

Whitehaven View Apartments: Woman Shot in South Memphis Apartment Complex

Duty to Provide Reasonable Security in Tennessee

Did you know that in TN, apartment complexes usually have a duty to provide reasonable security measures? Each case is different, but in some cases, a crime victim injured on apartment complex property may be entitled to money damages from the apartment complex or its owner.

Wait a Minute— I Can Recover Against the Apartment Complex Even Though a Criminal Shot Me?

Yes, in some cases. It depends on the facts of your case and the security measures that were or were not in place at the apartment complex. Every case is unique. It is important to call an experienced apartment complex shooting lawyer to discuss your car.

We Represent Victims of Apartment Complex Shootings.

Do you have questions about a potential case against an apartment complex based on the acts of a criminal assailant? Our law firm has significant experience in this type of case. We have represented clients who have been shot at apartment complexes and we’ve helped them obtain compensation for their injuries. Not only do we have the necessary experience in this kind of case, but we treat our clients like family. You will never feel like a “file on a shelf” at Patterson Bray.

Call us today at (901) 372-5003 or email us here.

January 7, 2016 In Civil Litigation, General, Personal Injury

Tennessee Dog Bite Cases: No “Big Dog” Exception

dog bite lawyer, dog bite attorney, dog bite cases Our firm handles Tennessee dog bite cases. In the recent case of Moore v. Gaut, the Tennessee Court of Appeals interpreted Tennessee’s 2007 dog bite statute and declined to create a “big dog exception” to the rule generally limiting a dog owner’s liability.

In 1914, the Tennessee Supreme Court ruled that a dog owner is only liable for injuries caused by a dog if the owner knew about the dog’s vicious tendencies. In fact, contrary to popular belief, there never has been any rule that an injured person prove that a dog previously bit someone before he could recover, although that fact would certainly help to show that a dog owner knew about the tendency of his dog. In 2007, the Tennessee General Assembly enacted Tenn. Code Ann. § 44-8-413 to address and tweak the law of injuries caused by dogs. That statute created a distinction between whether injuries by a dog bite occurred on or off the dog owner’s property, for example where a dog is running loose in a neighborhood. When a dog bite occurs on the dog owner’s property, the statute clearly retains and codifies the common law requirement that the injured person prove that the dog’s owner knew or should have known of the dog’s dangerous propensities. By comparison, when a dog is running loose, there is no such requirement.

So what’s the big deal about big dogs?

Nothing according to the Tennessee Court of Appeals. In Moore v. Gaut, the plaintiff came to repair a satellite dish on the defendant dog owner’s property. The defendant had a large Great Dane, which was kept in a fenced-in area of the yard. The plaintiff did not enter the fenced-in portion of the yard where the dog was; however, while the plaintiff was walking beside the fence, the dog jumped up, leaned over the fence, and bit the plaintiff’s face. In his defense, the dog owner filed a motion for summary judgment (i.e. dismissal) by submitting a sworn affidavit stating that the dog had never bitten or attacked anyone. Since the dog bite occurred on the dog owner’s property, the Court of Appeals agreed that the dog owner was not liable because the owner had been able to show that he had no knowledge or notice that the dog had ever bitten or attacked anyone. The plaintiff, unable to dispute that testimony, urged the Court of Appeals to adopt a “big dog exception” to the rule. Specifically, the plaintiff argued that because Great Danes are an extraordinarily large breed, that the dogs are naturally dangerous based on their size, weight, and strength and that this alone should place the owner on notice of a dangerous propensity.

The Court of Appeals didn’t bite, and declined to carve out an exception for big dogs.

Moral of the Story for Tennessee Dog Bite Cases

If you are bitten or injured by a dog on the dog owner’s property, it is critical to investigate and discover whether the owner knew of the dog’s vicious or dangerous tendencies. That does not necessarily mean that you have to prove that the dog has bitten or injured someone before, but rather some knowledge of the owner of mischievous or potentially rough or dangerous behavior that might cause an injury.

We Represent Dog Bite Victims.

We accept dog bite cases. Hopefully you will never be injured by a dog, but if you are, you need a good lawyer on your side because the proof you need isn’t likely to be the sort of thing the dog owner, or his insurance company, is likely to volunteer. Our team at Patterson Bray can help you properly investigate your claim and get the information you need in order to determine if your injury is compensable under Tennessee dog bite law. If you need help, call us at 901-372-5003.

December 30, 2015 In Civil Litigation, Personal Injury

Do I Have a “Slip and Fall” Claim?

slip and fall lawyer in memphis

Do you have a slip and fall claim?

You slipped and fell in a store. You felt embarrassed and hoped no one saw you. All you wanted was to hurry up and get out of there. Once you reach the privacy of your car, though, you realize you are hurting pretty badly. But you’re able to drive home where you try to rest, suck it up, and tough it out. At the urging of a loved one, though, you finally give in and go to the emergency room later that night, or maybe the next day, or a couple days later, because the pain just won’t go away. Once you get to the ER, tests and x-rays show that you have a small fracture or other problem that will require follow-up care. You begin to wonder if the store is at fault, and whether you might have a claim.

This scenario isn’t uncommon. Similar thoughts go through the minds of many people who are injured in slip and fall accidents in Tennessee. To be quite honest, due to the state of the law, it can be difficult to recover for a slip and fall in Tennessee. Sometimes people who are seriously injured in a slip and fall through no fault of their own are simply unable to recover for a variety of reasons. This is why you need a good lawyer on your side as soon as possible after a slip and fall accident.

Elements of a Slip and Fall Claim in Tennessee

slip and fall lawyer To recover in a slip and fall case, in addition to the general elements of negligence, you must prove either that: (1) the condition that caused your fall was created by the property owner; or (2) the property owner had actual or constructive notice that the condition existed before your fall. It is absolutely critical that you prove the condition or object that caused the fall.

Speculation about the cause of an injury is not enough to establish liability. The Tennessee Court of Appeals, in Willis v. McDonald’s Restaurants of Tennessee, Inc., recently granted summary judgment to a McDonald’s restaurant because the plaintiff could only say that she stepped on a hard, sharp object, which caused her to fall. Because she could not identify what specifically caused her to fall, she could not prove that the restaurant either created the condition or knew or should have known about it before she fell. Therefore, McDonald’s won and the jury never even got to hear the plaintiff’s case.

Why do I need a Slip and Fall Attorney?

An attorney can increase your chances of recovery by taking immediate steps to help you gather and preserve evidence that may help you prove your claim. For example, our firm regularly sends out “spoliation letters” notifying property owners of a potential claim against them and demanding that they preserve any and all evidence concerning that claim. Nowadays, many businesses have video surveillance that can sometimes show when and how a dangerous condition was created and how long it existed before an accident.

If you are injured in a slip and fall accident, feel free to call us at 901-372-5003 or email us here. Every case is unique and our personal injury attorneys– Chris Patterson, Erin Shea, and Will Patterson— can help you navigate your particular circumstances.

What should I do if I am involved in a slip and fall?

Determine WHAT caused you to fall and document it. Take a picture or write down the specific details.
Report your accident. Don’t be embarrassed and just leave. Ask for a manager and explain what happened so that your claim is documented. Before you leave, ask for copies of the accident report and other forms created by the business in response to your report. Even if you later decide not to pursue a claim, go ahead and report your accident as soon as it happens.
Ask that any relevant video surveillance be preserved, including footage for the two (2) hour period of time before your fall.
Take photographs or video of the scene. Do not worry about the quality.
Take note of whether there are any warning signs or barricades in the area of your injury.
Write down the contact information for any witnesses. Other customers can sometimes be helpful. Write down the names of the employees in the area and of those who help you.
Take photos of your injuries.
Seek medical attention as needed.

Click here to see other Frequently Asked Questions and Answers about injury claims.

December 22, 2015 In Auto Accident, Civil Litigation, Personal Injury

Medical Care After a Car Wreck

car wreck medical care, personal injury lawyer memphis

Been in an Accident? Next Steps for Your Medical Care.

We have clients who have been involved in an accident, whether a car wreck, slip and fall, dog bite, or other injury, and they often ask what they should do about medical care, and whether it will hurt or help their court case. Our answer is always the same: you and your healthcare providers should make your medical care decisions based purely on what’s best for your health. No claim or lawsuit should ever affect your medical care decision-making.

Many also have questions about what to do immediately after an accident. Here are some frequently asked questions and our typical responses. However, remember that each case is unique, and our lawyers can help you navigate your individual circumstances. Call us today at (901) 372-5003.

Should I seek immediate treatment for injuries after a car wreck?

Yes. It is best to seek prompt medical care so that your injuries can be properly evaluated by trained medical personnel. According to DMV.org, it’s important to understand that you may have an injury, even if you aren’t totally sure. Many insurance adjusters will hold delays in medical treatment against you, even assuming you were merely trying to do the right thing by taking a conservative, wait-and-see approach.

What if I’m concerned about the cost of medical care?

If you were injured in a car wreck, you may (and should) rely on your health insurance to cover your treatment. If not, but you have automobile insurance, your policy probably contains Medical Payment Coverage up to a certain amount, and so you may be able to recover some of your medical expenses from your own insurance company. Depending on what happened to you and whether someone else is responsible, you may be also able to recover your medical expenses from someone else’s liability insurance company.

What else should I do after an accident if I think I might have a claim?

If you are able, get the contact information of any eyewitnesses. Get a copy of the Police Report. Take photos of your injuries. If you’ve been in a car accident, take photos of your car and the scene, if possible. If you are involved in a slip and fall or some other type of accident, take photos of the scene of the accident and its condition at the time of your injury. Keep a list of the medical providers you see, and the limitations and pain you suffer. Claims and lawsuits can sometimes take months to resolve, and you will be surprised at how memories fade. Make a list of any prescription medications or other medicines that you have to take because of the accident, and keep records of the costs. Document any other expenses you incur because of the accident.

What if I have to miss work?

You may be entitled to recover for lost wages. Obtain written documentation from your employer of the days, hours, and wages you missed because of the accident.

Frequently Asked Questions

You can find answers to more Frequently Asked Questions on our website by clicking here.

Patterson Bray PLLC

8001 Centerview Parkway, Suite 103

Memphis, Tennessee 38018

(901) 372-5003 Office

www.pattersonbray.com

November 13, 2015 In Civil Litigation, Personal Injury

“Neighbors said the complex’s security gate hasn’t worked in quite some time.”

It keeps happening. Almost every day brings another incident of violent crime in Memphis area apartments. Apartment residents in Memphis have a right to demand that property managers and owners take reasonable steps to prevent foreseeable crimes on their premises.

Over the last few years, our litigation attorneys are spending an increasing amount of our time representing crime victims when property owners fail to take these reasonable precautions. While not every crime is preventable, and not every crime is the result of a failure of property owners, frequently, bottom line profit is placed before safety of residents.

December 16, 2011 In Auto Accident, Business Litigation, Civil Litigation, Contracts, General, Personal Injury

What is a Deposition? Law FAQ

Deposition victim attorney in memphis

What is a Deposition?

A deposition is similar to a witness testifying in court, except that it occurs in an out-of-court setting. A witness at a deposition is referred to as the “deponent.” A deposition usually takes place in a lawyer’s conference room, although I’ve personally been involved in depositions that took place in homes, hospitals, and even over the telephone.

It’s a chance for lawyers to ask questions and get answers from a witness under oath. A court reporter is present to make a record of the questions and answers, which is then usually reduced to writing in what’s called a “transcript” of the proceedings. Sometimes a videographer will also be there to film the testimony.

Depositions are part of the “discovery” process of a lawsuit. Each side has the right to discover information about the other side’s allegations. This is accomplished by things like written questions, production of documents, inspection of property, independent medical exams, and depositions. Rule 30 of the Tennessee Rules of Civil Procedure governs depositions in Tennessee.

Do we really need a deposition? Isn’t it expensive?

A deposition can be expensive, but it’s perhaps the most useful tool in a lawyer’s discovery toolbox because it allows for real-time follow-up and feedback. One of the most useful benefits is that, with some exceptions, it can be used to preserve and/or “lock in” crucial testimony. A transcript can be admitted as evidence in court if the witness later becomes unavailable for trial (e.g. death, incapacity, outside the reach of court’s jurisdiction, immune from subpoena, etc.). A transcript can also be used to impeach and cross-examine a witness who shows up for trial with a different version of events.

Depositions are Serious Business.

A deposition is a very serious matter with serious potential consequences. Remember, the transcript may be used in court. If you are the deponent, you should treat your deposition as if your testimony is occurring right in the courtroom in front of the judge and jury.

Need a lawyer in Memphis?

We’d be honored to represent you. Call us at 901-372-5003 or email us here.

September 9, 2011 In Civil Litigation, Contracts, Personal Injury

Smoke Detectors in Apartments

smoke detectors victim injury attorney Let’s talk about the law on smoke detectors in apartments and rental homes in Tennessee. What should a landlord do? What about a tenant? Do you have a case? Below are questions some of you might have:

Q: I own and lease a rental house in in Memphis, Tennessee. Am I required to provide smoke detectors for the tenants who live in the house?

Q: I rent a house in Germantown, Tennessee, and there was a fire at night. There were no smoke detectors in the house, and by the time I woke up and called 911 the fire had spread so far that the firemen weren’t able to save anything. What are my legal rights?

Law on Smoke Detectors in Tennessee

Under Tennessee law, a landlord must install and maintain smoke detectors in any residential unit offered for lease or rent. Specifically, Tennessee Code Annotated 68-102-151 provides that it is:

unlawful to…[o]wn or operate a one-family or two-family rental unit without installing an approved smoke detector in each living unit; when activated, the detector shall initiate an alarm that is audible in the sleeping rooms of the living unit….

Law on Smoke Detectors in Memphis

The Memphis City Code of Ordinances Sec. 14-4-88 further provides that

A. No person shall occupy as owner-occupant, or shall let another for occupancy, any dwelling, multifamily dwelling, dwelling unit, rooming house unit, lodging house or lodging unit which does not comply with the applicable provisions of the fire prevention code or the building code and other ordinances of the city and the additional requirements set out in this article for safety from fire.

B. Smoke detectors shall be installed in all residential properties in accordance with National Fire Protection Association Standard No. 74, 1989 Edition, and shall be maintained in an operable condition.

Memphis City Code of Ordinances Sec. 9-44-6 also states that:

. . . Smoke detectors are required…[i]n every existing dwelling unit within an apartment house, condominium complex, dormitory, townhouse or duplex….; and [e]very existing guest room in a motel and hotel. . .

*Other municipalities may have similar local ordinances. The Memphis ordinances referenced here are merely offered as an example of additional law that may or may not apply to a particular situation.

What happens if a landlord does NOT provide smoke detectors?

First — a quick distinction. There may be legal claims arising out of how the fire originated. For example, there may be an underlying claim against a manufacturer for a defective product (i.e. appliance) that caught fire, or against a contractor for improper construction or wiring, or against the landlord or management company for negligent maintenance of the house itself.

By comparison, a claim for lack of a working smoke detector would be a claim independent of other claims. It could potentially constitute an additional claim on top of a fire-origination claim, or it could constitute a stand-alone claim — for example, where the underlying fire was not necessarily due to the fault of any third-party, but where the lack of a smoke detector led to enhanced damages or injuries.

Do I have a case against my landlord?

Under the law, a failure to follow a statutory requirement would likely constitute negligence per se. Of course, a finding of negligence would not in and of itself result in liability for damages. There would also need to be proof that the lack of a smoke detector actually resulted in a delay in the detection of the fire, and which caused damages attributable to that delay, and not just due to the underlying fire itself.

Example: Our firm filed a $10 million lawsuit arising out of the wrongful death of a 2 year old little girl in a house fire. The fire allegedly occurred because a child innocently knocked over a space heater. The lack of a smoke detector, however, allowed the fire to spread for several minutes and ultimately rage out of control before an adult in the back of the house discovered the blaze. Unfortunately, it was too late for the little girl. Had there been a smoke detector, that little girl would be alive today. So, the lawsuit claim in that instance is not about the origination of the fire, or for recovering damage that would have occurred from a “regular” fire. The lawsuit claim is only about the enhanced damage and loss of life that occurred only as a result of the lack of a smoke detector.

Tips for Landlords

INSTALL. Make sure that smoke detectors are installed in EVERY single rental unit you lease out. Ideally, you should have smoke detectors that are hard-wired into the electrical system of the rental unit, and that use batteries simply for backup. Landlords arguably also have the duty to maintain smoke detectors, so hard-wired detectors reduce the need for constant landlord inspection and replacement of batteries.

TEST. If you do not have hard-wired smoke detectors, periodically inspect and push the “test button” on the detectors, and also replace batteries as needed.

LEASE PROVISION. Include a provision in your Lease (and require your tenant to specifically initial it) stating and acknowledging that there are working smoke detectors in the rental unit at the time of move-in, that the tenant has personally had the opportunity to inspect and test the smoke detectors, and that the tenant acknowledges and agrees that her or she is responsible for replacing the batteries and periodically testing the smoke detectors.

Tips for Tenants

Never, ever live in a dwelling unit that does not have working smoke detectors, even if you have a difficult landlord and unfairly end up having to purchase and maintain the smoke detectors yourself. The danger to life and property is simply too great. Indeed, I can tell you from experience in dealing with clients — a great lawsuit is little comfort for the loss occasioned by a devastating fire. No amount of money can replace the irreplaceable.

Need a lawyer in Memphis on a Smoke Detector Case?

We’d be honored to help you. Call us at 901-372-5003 or email us here. We represent clients in Bartlett, Cordova, Germantown, Lakeland, Millington, Atoka, Memphis, Nashville, and the surrounding areas.

Patterson Bray. Small Firm. Better Focus. Big Results. To meet our team, click here. To learn what we do, click here.

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August 19, 2011 In Auto Accident, Civil Litigation, Personal Injury

What is uninsured motorist coverage, and how much do I need?

Under Tennessee law, a driver is required to maintain liability insurance to cover any damages that the driver might cause in a car wreck or related accident. That way, innocent victims are protected. Unfortunately, though, the minimum legal limit required under Tennessee law for liability coverage is only $25,000 — which is extremely low. A car wreck can easily exhaust $25,000 in coverage. And, of course, many drivers choose to violate the law by not carrying any auto insurance at all. We see it all the time here in Memphis. This is why you need uninsured motorist coverage or “UM” coverage.

What happens if I get hit by a driver with little or no liability insurance?

This is where your own uninsured motorist coverage or underinsured motorist coverage would kick in to protect you.

In insurance lingo, uninsured/underinsured motorist coverage is typically referred to as “UM coverage.” UM coverage is included as part of your own liability policy, and it is usually the same amount as your liability coverage. So, if you have $50,000 in liability coverage, then you also have $50,000 in UM coverage. The UM component of your policy essentially makes up the difference for any deficiency in the liability coverage of the negligent driver.

But there’s a catch: UM coverage is only available to the extent your own policy limit is greater than the policy limit of the negligent driver in the auto accident.

Examples of How Uninsured Motorist Coverage Works

Example 1: Our client suffered spinal injuries and a broken pelvis in a car crash requiring significant surgeries and medical treatment. The negligent driver only had $50,000 in insurance coverage, but fortunately, our client carried $250,000 coverage of her own. We were therefore able to negotiate a total settlement of $250,000 (the first $50,000 from negligent party’s insurance company and the remaining $200,000 from our client’s own insurance company).

Example 2: Our client was partially paralyzed in a car crash. Unfortunately, the negligent driver only had $25,000 in liability insurance coverage, and the client only had $50,000 herself. As a result, the client was only able to recover a total of $50,000 ($25,000 from negligent party’s insurance company plus an additional $25,000 from her own insurance company). The negligent driver had no assets to pursue.

Review your insurance policy today and check your coverage.

The examples above highlight a very important LESSON. While it may be tempting when buying your own insurance to choose the cheaper option of low liability limits, you must remember that you are not just choosing liability protection for others, or making a risk calculation about whether you think you are a safe driver who may never cause an accident or need liability coverage. Indeed, when choosing your coverage limits, you are — in effect — also choosing the insurance limits that will cover your own family if a potential UM coverage situation occurs where an uninsured driver negligently crashes into you or another member of your family. In other words, low liability limits may seem like a bargain until someone with little or no insurance causes a catastrophic injury to you or someone in your family. Often, the marginal price for an increase in coverage is quite minimal. And well worth it!

If you need a car accident lawyer

If you’ve been in a car crash, even relatively minor injuries can be overwhelming. Medical treatment can be expensive, and injuries often result in lost wages. We would be honored to review your case free of charge. Please either submit an online request for a Free Case Review, or call to speak with one of our car accident lawyers at 901-372-5003.