Nashville Personal Injury Lawyer - Miscellaneous

Hunting Safety Rules

George Fusner — Thu, 19 Nov 2009 14:46:48 GMT

Deer season for firearms opens on Saturday. Hopefully I will be in woods. However, safety MUST be on everyone’s mind. The NRA has a great list of safety rules for gun handling. Review them here. While all the rules are extremely important, while hunting perhaps the most important is “Know your target and what is beyond.” I have hunted for over forty years across North America including Alaska as well as been privileged to go on three safaris in Africa. Yet I still get excited when I am getting ready to shoot. I have to constantly remind myself to look beyond the animal to be sure if I miss or the bullet goes thru the animal it doesn’t hit something it shouldn’t. In Africa often you are picking out one animal from a group and hitting another animal can be both expensive and illegal. While deer hunting there are many hunters in the woods at the same time. Every year someone gets shot, why? Due to a violation of this very rule.

Know the hunting rules and regulations. The Tennessee Wildlife Resources Agency (TWRA) has an excellent website at http://www.state.tn.us/twra/ . Contained within that web site are the hunting rules and regulations at http://www.state.tn.us/twra/pdfs/huntguide.pdf . Wear orange even if it is not required. Don’t trespass. Don’t use a tree stand without a safety harness. Unload that gun BEFORE climbing into a stand.

I am looking forward to a great day in the woods. Shoot straight and be safe.

Originally posted at InjuryBoard by George Fusner

Don’t Leave Your Keys or the Kids in Your Car!

George Fusner — Mon, 20 Jul 2009 11:05:03 GMT

Even in today’s world, some people still leave there keys in their car. In Tennessee, it’s illegal to park and exit your vehicle with the car still running:

55-8-162. No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, and effectively setting the brake thereon and, when standing upon any grade, turning the front wheels to the curb or side of the highway.

But this is rarely enforced and often people will stop their car, run into a store, and run back out all without turning off their engine. This defies common sense, and it can let your insurance company off the hook if your car is broken into or stolen. Insurance policies include a laundry list of things that would void coverage, and leaving your car running may void your coverage (but not always, review your policy and talk to an attorney if your insurance company denies your coverage for any reason!).

In 2007, Tennessee passed the “Tennessee Unattended Children in Motor Vehicle Safety Act.” If a child younger than seven years old is left unsupervised in the vehicle, the driver is guilty of a misdemeanor and is punishable by a hefty fine. There have been many sad stories over the years of children dying from heat exhaustion from being left in vehicles – almost always because the parents acted negligently and left the child in a hot vehicle. If you see a child left in a parked vehicle in a parking lot – especially on a hot summer day - you should call the police.

The moral of this post is this: Use common sense. Leaving your car running while in a store, or even just leaving your keys in plain sight, can make you liable if someone steals the vehicle. And if you have a child, for god’s sake, don’t leave that child in the vehicle unattended!

Originally posted at InjuryBoard by George Fusner

Gunfights In Nashville Bars

George Fusner — Tue, 16 Jun 2009 11:19:00 GMT

The front page of todays Tennessean headlines a story that Nashville bar owners plan to ban holders of a Tennessee Handgun Carry Permit from entering their establishment with their weapons. Much talk about a fictional problem. Before continuing, and to be transparent as our President likes to say, I am a long time holder of a Tennessee Handgun Carry Permit, a life time member of the NRA, a lifetime member of Safari Club International, an avid hunter, member of the Tennessee Association for Justice (formerly the Tennessee Trial Lawyers Association) and a member of the American Association for Justice. I consider myself a personal injury lawyer who only represents plaintiffs.

As such I would be approached by an individual wishing to sue someone or some bar if they were shot in a bar by a person carrying a gun with a Tennessee Handgun Carry Permit. Would I take the case. Probably not. Are these cases winnable? Probably not in Tennessee. The bar owners are quoted as being fearful of the liability. A little hypocritical would you say from someone who sells alcohol and then watches their patrons drive away under the influence.

Some background on the issue is necessary. Tennessee is known as a "shall issue" state. That is if the applicant meets the requirements of the Handgun Carry Permit statute, the Department of Safety MUST issue the permit. That statute is TCA 39-17-1351. It requires among other things that the applicant must have taken a course that includes both classroom study and range time to establish that the applicant can safely use a handgun. Tennessee's requirements are some of the strictess in the nation. Its permit is widely accepted in many states as a result of the training requirements. As a matter of fact only 15 states do not honor Tennessee's permit. Look at this list compiled by the Tennessee Department of Safety. Another good source is this website.

That training is what will cause the courts to throw out these cases. The basic defense is that the carrying of the pistol or allowing the carry in the bar is NOT the proximate cause of the injury. Several years ago a tragic event occurred in Memphis. An underage youth was an avid hunter. He had a number of guns and had received training in shooting and safe gun handling. He had taken a Hunter safety course when he was in the sixth grade. Although under age he purchased ammo illegally for his 44 magnum hunting revolver. One night he heard a noise outside the patio door. He shot through the door an killed one of his friends. A lawsuit was brought against the owners of the gun store that had sold the minor the ammo. The Tennessee Court of Appeals held that as a matter of law the store was not responsible. It stated:

Under the uncontroverted facts in the instant case, defendant's sale of the ammunition to Cannon, at most, created a condition by which the unfortunate incident was made possible. The direct and proximate cause of the incident was the action of Cannon in firing a gun at a supposed intruder.

I believe this is exactly what would happen in the bar case. It is not the action or inaction of the bar owner letting a patron carry. The injury by shooting would be the firing of the handgun by the permit holder.

Now for a little practical advice. As a permit holder what am I doing in the bar? If I am carrying I am not drinking. Why? Its illegal and a Class A Misdemeanor. Check out TCA 39-17-1321. It says:

Notwithstanding whether a person has a permit issued pursuant to § 39-17-1315 or § 39-17-1351, it is an offense for a person to possess a handgun while under the influence of alcohol or any controlled substance.

(b) A violation of this section is a Class A misdemeanor.

If I am drinking I am not carrying. No not even one drink.

Originally posted at InjuryBoard by George Fusner

Tips For Murfreesboro Tornado Victims (Update)

George Fusner — Fri, 17 Apr 2009 14:15:02 GMT

On Monday I posted on some tips for the victims of the good Friday Tornado. Upon reflection, I forgot to recommend the most important part. Give notice of the claim to your insurance company, so they can start their investigation. Call them, then follow up with a faxed letter. If you do not have a response in 4-6 hours, call again until you speak with a live person. Get their name and a claim number. Write it down with the date and time. Ask when an adjuster will come out. If the adjuster does not show up, call again. Keep a log of all your contacts with the insurance company.

If you had damage to your auto it may be covered under the comprehensive portion of your auto policy. Thus give notice to both your homeowners AND auto policies. Again document, document, document.

Often an adjuster when asking about a loss will ask "Is that all?" The response is not "yes" but rather that is all I can think of right now. Then you ask "Who do I contact if I forgot something?"

The community response has been overwhelming. The Tennessean reported almost immediate clean up efforts. This is great, but what if the record of the damage is destroyed by these efforts BEFORE you take pictures or the insurance company gets there. Problems with your claim is my prediction. I hope not, but that is my fear. I also fear there is going to be claims by the insurance companies that the damage was caused by something that is not covered by your policy. Again document and know your policy.

Originally posted at InjuryBoard by George Fusner

Tips For Murfreesboro Tornado Victims

George Fusner — Mon, 13 Apr 2009 12:44:02 GMT

Friday April 10, a tornado struck Murfreesboro leaving a line of destruction. I had know of the impending storms and was at home in my sheltered basement with my wife, 3 dogs, and 2 cats. I watched on TV in horror as a traffic camera showed live the funnel cloud form and then descend to earth crossing I-24 and tearing into a neighborhood. I knew it would be bad.

As true Tennessee "volunteers" hundreds have turned out to help those whose homes and belongings have been lost and destroyed. Over 600 homes were damaged or destroyed. Among those "helping," you guessed it, the insurance companies.

On early Saturday morning I was driving to my farm to do some work. On the radio less that 24 hours since the storm Allstate was already advertising its "good hands" motto. That ought to tell you something. Sounds like an unethical lawyer showing up at the emergency room after a car wreck.

As a homeowner how do you deal with your insurance company? Very carefully. The insurance company will act like they are trying to help. Wrong, they are there to make money. How does an insurance company make money? By paying out less than they collect in premiums. Thus, the adjusters have a huge incentive to reduce or deny claims. Numerous lawsuits were filed after Katrina over these types of claims and the denial of what is due. Some tips to help you thru this difficult time.

First, document document document. Video the home and destruction. Take as many pictures as you can. If there is hidden damage take pictures of that. Show the damaged property and contents. Once it is cleaned up it is very difficult if not impossible to document. This is particularly important when the home is only partially damaged and may be repaired. If at all possible prepare a written inventory of the contents. This is very difficult and emotional. I know. About 20 years ago I had a home burn. My wife and I wept as we sifted through the ashes writing down each item. Sit down with family and go through each room and write down item by item what was in the room. Try to remember where, when, and how much you paid for each item. Your memory is fresh now. Six months from now you will forget things.

Second, you must know what you policy covers. Look at your policy. If it is lost, ask your agent for a complete copy, not just the declarations page. Trust me they can get a copy sooner rather than later. DO NOT rely on what they tell you it covers. Read it. If you do not understand the policy seek the help of an experienced lawyer who deals with insurance companies on a regular basis. He may charge you a fee, however, it should only be a couple hundred bucks. In these circumstances I do not charge for the consultation and review of your policy. You have already suffered enough.

Third, although you must cooperate with the insurance company, this does not mean accepting what they offer. If the home is to be repaired, get at least three estimates from licensed, bonded, and insured contractors. Check with the Tennessee Department of Commerce and Insurance Board For licensing Contractors for each company. Ask to see their certificate of insurance and license. Inquire as to how long they have been in business. Ask for references. Determine if they have ever done a job as big as yours. The insurance company will try to steer you to an "approved" contractor. That often means cheap. If there are problems the insurance company will "forget" it recommended the company. DO NOT accept two party checks. Get your own estimates. Slow down, this an emotional time. Do not make hasty decisions. Remember "haste makes waste."

Fourth, be completely honest. You will most likely have to file a sworn proof of loss. If it is incorrect or appears incorrect the insurance company will deny the entire claim. Your policy will tell you how long you have to file that claim. It could be a short as six months. Again knowing your policy is key. Be as detailed as possible when preparing the proof of loss, thus the advice above of documenting the scene as soon as possible.

Fifth, be very careful about signing anything or accepting a "quick" check. The insurance company will probably be quick to give you an "advance" to make them look like good guys. Be sure that check does not say "Settlement in Full" "All losses" or words to that effect. Again if in doubt contact a lawyer.

The insurance company has an obligation to deal with you in "good faith." Any ambiguities are construed against the insurance company NOT against you the policy holder. If the insurance company is found to have dealt in "bad faith" there are penalties imposed by statute as set forth in Section 56-7-105 which states:

56-7-105. Additional liability upon insurers and bonding companies for bad-faith failure to pay promptly. —

(a) The insurance companies of this state, and foreign insurance companies and other persons or corporations doing an insurance or fidelity bonding business in this state, in all cases when a loss occurs and they refuse to pay the loss within sixty (60) days after a demand has been made by the holder of the policy or fidelity bond on which the loss occurred, shall be liable to pay the holder of the policy or fidelity bond, in addition to the loss and interest on the bond, a sum not exceeding twenty-five percent (25%) on the liability for the loss; provided, that it is made to appear to the court or jury trying the case that the refusal to pay the loss was not in good faith, and that the failure to pay inflicted additional expense, loss, or injury including attorney fees upon the holder of the policy or fidelity bond; and provided, further, that the additional liability, within the limit prescribed, shall, in the discretion of the court or jury trying the case, be measured by the additional expense, loss, and injury including attorney fees thus entailed.

(b) In any action against an unauthorized foreign or alien insurer or bonding company upon a contract of insurance or fidelity bond issued or delivered in this state to a resident of this state or to a corporation authorized to do business in this state, if the insurer or bonding company has failed for thirty (30) days after demand prior to commencement of the action to make payment in accordance with the terms of the contract or fidelity bond, and it appears to the court that the refusal was vexatious and without reasonable cause, the court may allow to the plaintiff a reasonable attorney fee and include the fee in any judgment that may be rendered in the action. The fee shall not exceed twelve and one half percent (12.5%) of the amount that the court or jury finds the plaintiff is entitled to recover against the insurer or bonding company, but in no event shall the fee be less than twenty-five dollars ($25.00). Failure of an insurer or bonding company to defend the action shall be deemed prima facie evidence that its failure to make payment was vexatious and without reasonable cause.

I am more than willing to help. Please feel free to give me a call at 251-0005 or email me at gfusner@aol.com.

Originally posted at InjuryBoard by George Fusner

Tort Law and Divorce

Rob McKinney — Fri, 24 Oct 2008 16:06:03 GMT

Tort law is simply a definition for a group of laws that pertain to address a private or civil wrong or injury. How does tort law come into play with a divorce ? Divorces bring out the worst of people. Sometimes people act without regard to what do do or say. Divorce torts are where one spouse assaults another spouse creating the intentional tort of assault. Aother common tort is invasion of privacy like intercepting e-mails, recording telephone calls,and posting comments about your spouse. Also, giving your spouse a sexuall transmitted disease falls into this area as well. What can you do. I would suggest filing an independant tort lawsuit to recover damages for your spouses misdeeds. More on this topic in the weeks to come.

Originally posted at InjuryBoard by Rob McKinney

Nightmare on Wall Street

Rob McKinney — Sun, 12 Oct 2008 14:56:40 GMT

As everyone continues to better understand the money woes facing our great country, investors have questions on what happened to their life savings. One question is do they have a valid legal claim. It appears certain mutual funds have made misreprentations to entice consumers to buy their funds. If you have bought the following funds you may have a valid claim for the following funds:Regions Morgan Keegan Advantage High Income Fund, Regions Morgan Keegan Multi-Sector High Income Fund, Regions Morgan Keegan High Income Fund,Regions Morgan Keegan Strategic Income Fund, and Charles Schwab Yield Plus Fund. Let's hope the the folks in Washington figure this mess out quick to prevent any further hardships.

Originally posted at InjuryBoard by Rob McKinney

Not All Crooks Carry Guns

Rob McKinney — Sat, 11 Oct 2008 16:45:50 GMT

After weeks of news reports of all the financial problems , I have come to the conclusion that not all crooks carry guns. They carry paper and pens. The Wall Street Fat Cats have stolen more money in a shorter amount of time than Jesse James and all the crooks in the world. What are we do now that we have been taken advantage of by these thiefs ? Fight back. The Tennessee Consumer Protection Act gives a consumer some recourse if these companies or salespersons have engaged in any deceptive business practices. I am currently reviewing claims on these types of cases. Please make a post in the comment section . Is it time to make these people accountable for their actions.

Originally posted at InjuryBoard by Rob McKinney

Invasion of Privacy and Intercepted Emails

Rob McKinney — Tue, 30 Sep 2008 12:53:45 GMT

Yesterday, I discovered a Tennessee law that has some teeth to it regarding invasion of privacy. The creates civil liability for any person whose wire,oral,or electronic communication is intentionally intercepted,disclosed,or used in violation of T-C-A 39-13-601. I have been practicing law since 1994 and I always get excited when I learn some new law about a hot topic. These issues of email tampering or hacking into social networking accounts has been coming up recently. If you find out your ex-wife or someone else has been intercepting your email, you now have a cause of action to stop these practices.

Originally posted at InjuryBoard by Rob McKinney

Tractor Safety

Rob McKinney — Wed, 18 Jun 2008 08:50:59 GMT

In last couple of days , I have been driving to court outside of Nashville to Macon County. I noticed it is hay cutting time in Tennessee. Last year's drought is just a memory and we are blessed with hay for the livestock. After seeing the tractors in the fields and on the highways, it reminded me to write about tractor safety issuses. First , farm tractors should be equipped for roll-over accidents. More than half of tractors are not equipped with roll-over protection or seat-belts. Second , tractors should be equipped with bypass starter covers and master shields. Bypass starter covers prevent jump starting which could cause a tractor to lurch forward. Master shields that are removed exposes an operating power-take off.Third , Farm tractors should be equipped with slow moving vehicle emblems to warn other drivers of the tractor on the roadway. More safety tips later this week.

Originally posted at InjuryBoard by Rob McKinney

Notwithstanding whether a person has a permit issued pursuant to § 39-17-1315 or § 39-17-1351, it is an offense for a person to possess a handgun while under the influence of alcohol or any controlled substance.



		(b) A violation of this section is a Class A misdemeanor.

	56-7-105. Additional liability upon insurers and bonding companies for bad-faith failure to pay promptly. —

		(a) The insurance companies of this state, and foreign insurance companies and other persons or corporations doing an insurance or fidelity bonding business in this state, in all cases when a loss occurs and they refuse to pay the loss within sixty (60) days after a demand has been made by the holder of the policy or fidelity bond on which the loss occurred, shall be liable to pay the holder of the policy or fidelity bond, in addition to the loss and interest on the bond, a sum not exceeding twenty-five percent (25%) on the liability for the loss; provided, that it is made to appear to the court or jury trying the case that the refusal to pay the loss was not in good faith, and that the failure to pay inflicted additional expense, loss, or injury including attorney fees upon the holder of the policy or fidelity bond; and provided, further, that the additional liability, within the limit prescribed, shall, in the discretion of the court or jury trying the case, be measured by the additional expense, loss, and injury including attorney fees thus entailed.



		(b) In any action against an unauthorized foreign or alien insurer or bonding company upon a contract of insurance or fidelity bond issued or delivered in this state to a resident of this state or to a corporation authorized to do business in this state, if the insurer or bonding company has failed for thirty (30) days after demand prior to commencement of the action to make payment in accordance with the terms of the contract or fidelity bond, and it appears to the court that the refusal was vexatious and without reasonable cause, the court may allow to the plaintiff a reasonable attorney fee and include the fee in any judgment that may be rendered in the action. The fee shall not exceed twelve and one half percent (12.5%) of the amount that the court or jury finds the plaintiff is entitled to recover against the insurer or bonding company, but in no event shall the fee be less than twenty-five dollars ($25.00). Failure of an insurer or bonding company to defend the action shall be deemed prima facie evidence that its failure to make payment was vexatious and without reasonable cause.