Tennessee Civil Law Blog

Tennesse Personal Injury

A personal injury occurs when a person has suffered some form of injury, either physical or psychological, as the result of an accident.The most common type of personal injury claims are road traffic accidents, accidents at work, tripping accidents, assault claims, accidents in the home, and holiday accidents. Indeed, there are a multitude of types of accident and the term personal injury also incorporates medical and dental accidents (which lead to numerous medical and dental negligence claims every year) and conditions which are often classified as industrial disease cases. Industrial disease type cases include asbestosis and mesothelioma, chest vibration, white finger, occupational deafness, occupational stress, contact dermititus, and repetitive strain injury cases.

Where the accident was the fault of someone else, the injured party may be entitled to monetary compensation from the person whose negligent conduct caused the injury compensation. If you have any questions regarding a personal injury, call Baker Associates today at (856) 428-2888. We have experienced attorneys standing by ready to help you gain compenstion for your injury.

Tennessee Lawyer/E. Coli Contamination

Health officials in several states who were investigating reports of E. coli O157 illnesses found that many ill persons had consumed the same brand of frozen ground beef patties. Ground beef patties recovered from patients’ homes were tested by state public health department and federal laboratories.

Several state health departments, CDC, and the United States Department of Agriculture’s Food Safety and Inspection Service (USDA-FSIS) are investigating a multi-state outbreak of Escherichia coli O157:H7 infections. On September 29, USDA issued a notice about a recall of 21.7 millions pounds of frozen ground beef patties.

Consumers who have frozen ground beef patties should determine whether they have one of the recalled products and discard it or return it to the place of purchase. Most of the recalled packages bear the establishment number “Est. 9748” inside the USDA mark of inspection and have a sell-by date between “SEP 25 07” and “SEP 25 08.” Some of the recalled products bear the establishment number “Est. 5712” inside the USDA mark of inspection and “9748” on a sticker or inkjet printing on the back panel of the package; those packages also have sell-by dates between “SEP 25 07” and “SEP 25 08.”

Baker Associates is committed to fighting to protect families and their children. The companies who profit from the sale of all consumer goods including food products must be held to the highest standards. On behalf of our clients who have been affected by contaminated food products we will work tirelessly in pursuit of justice and full recovery.

If you or your family has been affected by a contaminated food product, please call today for a free consultation with one of our attorneys.

Baker Associates represents victims throughout Tennessee including the East Tennessee counties of Knox, Jefferson, Loudon, Sevier, Anderson, Cocke, McMinn, Scott, Grainger, Campbell, Roane, Blount, Putnam, Grainger, and Greene.

You may contact Baker Associates by phone (865) 428-2888 or by visiting our web-site at www.joebakerlaw.com.

Truck Accidents / 18-Wheeler Crashes

Large commercial trucks, also known as 18-wheelers, semis, and tractor-trailers, account for more than their share of serious injuries and traffic deaths on America’s highways. According to the National Center for Statistics and Analysis (NCSA), large trucks are responsible for 12 percent of all traffic fatalities, even though only 3 percent of all registered vehicles are trucks and trucks account for only 7 percent of vehicle miles traveled. In Missouri alone, trucks were involved in 102 fatal crashes in 2004. In addition, in 2004 trucks were involved in 150 fatal crashes. Large trucks are also more likely to be involved in fatal multiple-vehicle crashes.

If you have been injured or a loved one has been killed in an accident involving a truck, please contact our attorneys at Baker and Associates for legal assistance as soon as possible. Our lawyers will investigate if the trucking company, the driver, or the trailer owner is responsible for causing the accident and, if so, seek compensation for past and future medical expenses, past and future wages, pain and suffering, disability, and other damages.

Call Baker Associates at (865) 428-2888 or visit our web-site at www.joebakerlaw.com today.

Fatal Car Accident Claims and Causes in Tennessee

A wrongful death claim normally has two main features in order to succeed.

1) The accident must have been caused by someone else (driver of deceased car, another vehicle etc) who acted negligently usually through bad driving, in some claims this will mean the auto maker who designed a vehicle poorly, such as an SUV with a defective design.

2) There must be adequate insurance or assets to provide the basis of a recoverable legal claim. Many, many fatal car accidents that are the result of bad driving remain uncompensated because there is no money to compensate the victim’s family. Many cars are under insured with small policies ranging from $10,000 to $30,000. An attorney will know how and where to look for available insurance or assets using investigators and asset searches. Often times trucking insurance, homeowners policies, business insurance may be available to compensate the family millions of dollars.

Experienced wrongful death attorneys understand the complex legal issues and emotional trauma involved in handling these claims. A lawyer can help survivors by providing representation to the estate of the deceased, dealing with insurance recovery and any potential lawsuits.

Call Baker Associates today at 865-428-2888 and speak with a licensed Tennessee attorney or visit www.joebakerlaw.com.

Fatal Car Accidents in Tennessee

When wrongful death lawsuits arise as a result of reckless, careless or negligent driving the family may often be so traumatized they fail to pursue any legal action. Contrary to popular belief, promulgated by insurance companies, many people who suffer the death of a family member in an auto accident never file a claim or lawsuit. The family is often so overwhelmed that any legal action is out of the question, because no lawsuit or amount of money is going to bring the deceased back.

While understandable, the decision to forego legal action means that the family and survivors are deprived of the income lost and a sense of what many victims call closure, or justice. Often a family member will seek out a lawyer many months or years after the loss, only to find out that evidence has been lost, insurance adjusters are reluctant to open old claims, legal deadlines have elapsed etc. Indeed, one of the most common causes of our lawyers rejecting a claim is that it is too old. Thus, it is advisable to contact counsel as soon as possible after a fatal accident.

Although every state has different laws, fatal auto accident claims all share several common features:

1) The death means that there will be police involvement and records that need to be secured right away.

2) In all likelihood one of the operators will be found at fault; an accident cause will be found.

3) The severity of the loss will trigger an aggressive response by insurers to protect themselves from any liability.

4) The case will, as with any claim over one million dollars, require the help of an attorney experienced with complex injury litigation. The attorney will need to hire an independent expert in accident reconstruction to establish the cause of the death.

If you have lost someone special in your life because of a vehicle accident let Baker Associates help you today. We have experienced attorneys standing by ready to provide legal assistance. Visit our web-site at http://www.joebakerlaw.com or call us anytime at 865-428-2888.

Shoplifting Laws in Tennessee

Sevierville, Pigeon Forge, and Gatlinburg host thousands of merchants that provide their merchandise to the public. Close to 10 million visitors travel from all over the United States to visit the Great Smokey Mountains every year. Theft, particularly shoplifting, is a growing concern among merchants in the area.

Shoplifting can have a very negative impact regarding a businesses livelihood. This is why it is important for both merchants, as well as customers, to be familiar with the law that governs this issue and understand that there are legal consequences for their actions.

Shoplifting detentions are privileged

A merchant can detain a shoplifting a suspect for a reasonable time using reasonable force.

(a) A merchant, a merchant’s employee, or agent or a peace officer who has probable cause to believe that a person has committed or is attempting to commit the offense of theft, as defined in § 39-14-103, may detain that person on or off the premises of the mercantile establishment if the detention is done for any or all of the following purposes:

(1) To question the person, investigate the surrounding circumstances, obtain a statement, or any combination thereof;

(2) To request or verify identification, or both;

(3) To inform a peace officer of the detention of that person, or surrender that person to the custody of a peace officer, or both;

(4) To inform a peace officer, the parent or parents, guardian or other private person interested in the welfare of a minor of the detention and to surrender the minor to the custody of that person; or

(5) To institute criminal proceedings against the person.

(b) Probable cause to suspect that a person has committed or is attempting to commit the offense of theft may be based on, but not limited to:

(1) Personal observation, including observation via closed circuit television or other visual device;

(2) Report of personal observation from another merchant;

(3) Activation of an electronic or other type of mechanical device designed to detect theft; or

(4) Personal observation of dressing rooms, including observation via closed circuit television, two-way mirrors, or other visual devices, shall be limited to observation by a person of the same sex as the person being observed. No observation shall be lawful unless notices are posted in the dressing rooms that monitoring may occur.

(c) A merchant, a merchant’s employee or agent, or a peace officer who detains, questions or causes the arrest of any person suspected of theft shall not be criminally or civilly liable for any legal action relating to the detention, questioning or arrest if the merchant, merchant’s employee or agent, or peace officer:

(1) Has reasonable grounds to suspect that the person has committed or is attempting to commit theft;

(2) Acts in a reasonable manner under the circumstances; and

(3) Detains the suspected person for a reasonable period of time.

(d) The merchant may use a reasonable amount of force necessary to protect the merchant, to prevent escape of the person detained, or to prevent the loss or destruction of property.

(e) A reasonable period of time, for the purposes of this section, is a period of time long enough to accomplish the purpose set forth in this section, and shall include any time spent awaiting the arrival of a law enforcement officer or the parents or guardian of a juvenile suspect, if the merchant or the merchant’s employee or agent has summoned a law enforcement officer, the parents or a guardian.

If you have been illegally detained or think you may have been a victim of False Imprisonment it is important that you contact a licensed Tennessee Attorney. Visit the law offices of Baker Associates because we are here to help protect your rights.

State Divorce Laws: Tennessee

Residency and Filing Requirements: In order to file for a divorce in Tennessee, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The requirements are as follows:

The spouse filing for the divorce must be a resident of the state at the time the grounds for divorce took place. If the grounds took place outside the state of Tennessee, one of the spouses must be a resident for 6 months prior to filing. The divorce shall be filed in the county in which both spouses reside if they are either residents; or the county in which the respondent resides if he or she is a resident; or the county in which the petitioner resides.

T.C.A. § 36-4-104. Domicile and residence; military forces

(a) A divorce may be granted for any of the causes referenced in § 36-4-101 if the acts complained of were committed while the plaintiff was a bona fide resident of this state or if the acts complained of were committed out of this state and the plaintiff resided out of the state at the time, if the plaintiff or the defendant has resided in this state six (6) months next preceding the filing of the complaint.

(b) For the purposes of this section, any person in the armed services of the United States, or the spouse of any such person, who has been living in this state for a period of not less than one (1) year shall be presumed to be a resident of this state, and the presumption of residence shall be overcome only by clear and convincing evidence of a domicile elsewhere.

T.C.A. § 36-4-105. Venue

(a) The bill or petition may be filed in the proper name of the complainant, in the chancery or circuit court or other court having divorce jurisdiction, in the county where the parties reside at the time of their separation, or in which the defendant resides, if a resident of the state; but if the defendant is a nonresident of the state or a convict, then in the county where the applicant resides.

(b) Any divorce granted prior to May 4, 1967, will not be deemed void solely on the ground that the parties to the divorce action were residents of a county or counties other than the county in which the divorce decree was entered.

Visit our web-site today at www.joebakerlaw.com or call us at (865) 428-2888. We have experienced attorneys standing by to help you.