Monthly Archives: February 2018

What is Security Negligence?

Security guards tread a fine line between safety and negligence. They are expected to keep the peace and remove unruly guests without causing injury. However, sometimes a security team member can take their duty too far and injure a person. In these cases, negligence will need to be proven for the injured party to file a personal injury claim against the security guard. Depending on the jurisdiction, security guards can use a reasonable amount of force to maintain the peace. Due to this, bouncers and other types of security can push, herd, or even carry unruly guests out of an establishment if deemed acceptable. However, a security guard can be found liable for a personal injury if they breach their duty, causing injury to a person ejected from an establishment. In the case of negligence, intent doesn’t matter. If the guard was careless, reckless, or even if it was a…
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Are Nursing Homes Liable for Fall Injuries?

The risk of falling is common among elderly people. The Centers for Disease Control and Prevention (CDC) reported that about half to three-fourths of resident falls occur in the nursing home. With such frequency and potential for injury, nursing homes are usually equipped to assist fallen patients and work diligently at minimizing fall risk for residents. This could be installing grab bars and cushioning, the use of walkers, or ensuring patients are at safe bed and chair heights. If a fall occurs, that does not mean that the nursing facility is immediately to blame. However, there are instances where a fall leads to negligence or abuse charges depending on how the nursing home handled the fall. Placing responsibility on the nursing home will depend on whether the nursing home acted accordingly to help the resident recover from the incident. For a nursing home to be considered liable for a resident’s…
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Who Can File a Wrongful Death Lawsuit in Tennessee?

In the state of Tennessee, a wrongful death is defined as the wrongful act or killing of another. These claims are considered a special type of personal injury claim since the deceased is not available to submit nor defend their claim in court. Wrongful death claims are not criminal charges but civil claims. Liability is expressed as money damages in a wrongful death claim. This is unlike criminal charges where penalties can vary from heavy fines to prison time. A wrongful death claim must be filed by someone other than the deceased. Further, it must be filed within the state of Tennessee’s Statute of Limitations. This means that a wrongful death lawsuit must be brought to the court within one year of the date of the deceased’s death. The court will not listen to wrongful death claims outside of the one-year limit. In the state of Tennessee, only certain family…
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