NEGLIGENCE IN TENNESSEE


27 Jun

NEGLIGENCE IN TENNESSEE   WHEN SOMEONE IS NEGLIGENT, THEY CAN BE PERSONALLY LIABLE FOR THE INJURIES SUFFERED BY ANOTHER PERSON. AN EXAMPLE OF NEGLIGENCE IS IF THE DRIVER OF AN AUTOMOBILE FAILS TO APPLY HIS OR HER BRAKES AND CRASHES INTO ANOTHER AUTOMOBILE.  ANOTHER EXAMPLE OF NEGLIGENCE IS IF A BUSINESS OWNER FAILS TO CLEAR ICE OFF OF HIS OR HER WALKWAY, AND SOMEBODY SLIPS ON IT CAUSING INJURY. TENNESSEE IS A MODIFIED COMPARATIVE NEGLIGENCE STATE.  A PLAINTIFF HAS TO BE UNDER 50% AT FAULT TO RECOVER.  EACH ARE ASSESSED THEIR PERCENTAGE OF THE BLAME. THE ELEMENTS OF NEGLIGENCE ARE:  (1) A PERSON OWED A DUTY TO ANOTHER PERSON TO DO SOMETHING OR REFRAIN FROM DOING SOMETHING IN ORDER TO ENSURE THE SAFETY OF THE OTHER PERSON; (2) THE PERSON BREACHED THIS DUTY; (3) THE PERSONS ACTION OR INACTION WAS THE PROXIMATE CAUSE OF THE OTHER PERSON’S INJURY; AND (4) THE OTHER PERSON SUFFERED ACTUAL DAMAGES. IF YOU HAVE ANY QUESTIONS OR NEED TO KNOW ABOUT OTHER AREAS, CONTACT JONES & ASSOCIATES,  PC AT WWW.KJONESLAWYERS.COM OR ANY OF THE ABOVE NUMBERS.

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