March 30th, 2015
When a person is killed due to someone else’s negligence, sometimes legal action can help ensure a similar incident doesn’t happen again. That’s precisely the goal behind a Nashville wrongful death lawsuit recently filed in Nashville.
The suit was filed against Publix Super Markets after an 11-year-old boy with a nut allergy died after consuming a cookie from the bakery at the company’s Clarksville, Tennessee, location. The incident occurred in June 2014.
A report from WKMG Local 6 News explains the child’s mother purchased the cookie after not seeing any warning signs about the cookie containing potential allergens. She also asked staff if the cookie contained nuts and was told it did not.
Upon arriving at their destination, the child took several bites of the cookie and reported a burning sensation in his mouth. He was given Benadryl and epinephrine to counteract his allergic reaction, but the efforts failed to work. Emergency crews attempted to resuscitate the child unsuccessfully.
The family has now filed suit against Publix, claiming they failed to inform customers of foods with known allergy risks. They say they hope the lawsuit will raise awareness of food allergens and require Publix to meet federal guidelines on the labeling of food products. The suit is also seeking compensatory and punitive damages from Publix.
At Ponce Law, we recognize how difficult the loss of a loved one can be, and our Nashville personal injury lawyers are hopeful this particular Nashville wrongful death lawsuit will bring a sense of closure to the family of the victim.
March 27th, 2015
Distracted driving continues to be a problem among teenage motorists, and one new study from the AAA Foundation shows as many as 58 percent of crashes involving teen drivers are caused by failure to pay attention to the road.
The Nashville car accident lawyers with Ponce Law point out that one local high school is working to educate its students about the dangers of distracted driving with some creative techniques.
WSMV 4 News reports students at Riverdale High School in Murfreesboro, Tennessee, were able to see the devastating results of distracted driving firsthand in a safe and controlled environment. A mock crash scene was set up outside of the school on March 26. The scene depicted several students who were injured or killed in a collision caused by a motorist who wasn’t watching the road. A life flight helicopter landed and flew victims away as police and firefighters worked to investigate the scene. It was an emotional sight for many students; especially a 17-year-old girl unable to walk after being involved in a Tennessee distracted driving accident late last year.
The school is also working to make students aware of distracted driving by randomly checking to see if students who drive are using cellphones as they leave campus for the day.
At Ponce Law, we understand the hard work that goes into raising awareness about distracted driving, and our Nashville personal injury lawyers would like to recognize Riverdale High School for their efforts to battle this dangerous behavior among young drivers.
March 25th, 2015
Every American worker—including those who are disabled—have the right to fair treatment on the job. That wasn’t always the case, though. It wasn’t until 25 years ago that these rights were established when the Americans with Disabilities Act of 1990 (ADA) was signed into law.
The ADA outlines policies that prohibit employers from discriminating against a worker due to a mental or physical disability. In order for a disability to be covered under the ADA, it must be serious and permanent.
To celebrate the anniversary of the signing of this law, an event was held at the Bob Bullock Texas State History Museum. The program was highlighted by a speech given by one of the men responsible for pushing the ADA into law, Lex Frieden.
An article from the Austin American-Statesmen explained how Frieden discussed how crucial it is for disabled Americans to be their own best advocates and to develop partnerships with others. He also pointed out the importance of strong leadership and perseverance in the face of adversity.
At Ponce Law, we understand the impact the ADA has had on the American justice system, and our Nashville personal injury lawyers would like to take this moment to applaud our nation for taking such strong steps to protect disabled citizens from discrimination.
March 23rd, 2015
The Nashville defective product lawyers at Ponce Law explain that automobile manufacturers in the United States are required to thoroughly test their vehicles before they are made available for purchase. Despite these requirements, millions of vehicles are recalled each year due to safety concerns.
One recent recall involved 2.5 million vehicles manufactured by General Motors (GM). Officials found the ignition switches on the affected vehicles were faulty, which allowed the key to turn to the off position while a vehicle was in motion. In turn, driver could lose control of their vehicles and airbags were prevented from deploying in the event of an accident. Many victims of the GM recall took legal action after it was discovered the company knew about the problems for years, yet failed to take corrective action.
More recently, Chrysler recalled 1.5 million vehicles due to fire and explosion risks during rear-impact collisions. CBS News reports Chrysler denied the claims for years, but the company finally took action to fix the defective vehicles. Safety advocates are now arguing the defective vehicle parts still present a danger and many owners of recalled vehicles are being denied service.
If you have been injured as the result of a crash and defective parts, it’s important to know that help is available. At Ponce Law, our legal staff is standing by to answer any questions you may have. Just give us a call now at (888) 977-9912.
March 20th, 2015
If you’ve driven in Middle Tennessee for the past several weeks, it’s likely been a bumpy ride. That’s because the roadways around Nashville and the surrounding counties are riddled with potholes caused by the recent winter weather that swept across the area.
The damage potholes can cause to vehicles is extensive and expensive. Drivers have reported thousands of dollars in damages to their cars and trucks from potholes. While your insurer can help you cover the costs associated with pothole damage, the Nashville car accident lawyers with Ponce Law would like to point out one other avenue you may consider in seeking compensation for property damage caused by potholes.
WSMV 4 News reports the Tennessee Department of Treasury may assist you with the costs of vehicle damages associated with striking potholes. Drivers of damaged vehicles need only file claims with the agency and should include at least two written estimates from licensed repair centers. The claim will then be examined and a decision will be issued, which could take as long as 90 days.
At Ponce Law, we know just how expensive repairing a damaged vehicle can be. That’s why our Nashville personal injury lawyers are hopeful these tips will be able to help you get the assistance you need if your car or truck was damaged after hitting a pothole.
March 18th, 2015
In Tennessee, owners of public and private property have a legal responsibility to address hazards that can potentially cause accidents. Failure to fix such issues or warn visitors of dangers can leave property owners responsible for damages in the event of injuries.
Unfortunately, property owners put citizens at risk more often than they may believe. The Goodlettsville premises liability attorneys at Ponce Law point out three property dangers commonly reported in Middle Tennessee:
- Slip, Trip, and Fall Hazards- Slick floors, unsecured cords and wires, and even an unmarked step down or up could result in an individual falling and being injured.
- Falling Objects- Falling objects can cause significant harm. Take, for instance, a lawsuit recently filed against Sumner County schools. An article from The Tennessean reports a 10-year-old boy suffered massive injuries after being struck by a falling speaker in the gym at Indian Lake Elementary School in Hendersonville. The boy’s parents filed a lawsuit claiming the school and staff’s negligence was responsible for the child’s injuries.
- Crowd Capacity Issues- Large crowds in confined areas can lead to crushing injuries and the inability to safely exit in the event of an emergency.
At Ponce Law, our staff recognizes just how dangerous a property owner’s negligence can be to others. That’s why our Goodlettsville personal injury lawyers urge you to keep safety in mind as you maintain your property this spring.
March 16th, 2015
It’s spring break in Tennessee and for those in our region with swimming pools at home, it’s time to get the pool opened and ready for the summer. At Ponce Law, our Nashville swimming pool accident lawyers point out that this time of year is a wonderful time to focus on safety around the pool.
According to the Centers for Disease Control and Prevention, an estimated 390 children under age 14 lose their lives each year as the result of swimming pool accidents. This makes swimming pool accidents the number one cause of injury death among children in the United States today.
So what can you do to keep children and others safe around the pool? Our attorneys suggest keeping these tips in mind:
- Create a barrier- Putting fencing or a barrier around a swimming pool will help to prevent swimmers from getting into the pool while unsupervised.
- Never swim alone- More than one person should always be present in case something happens that prevents a swimmer from making it safely out of the water.
- Establish pool rules- There should be policies that regulate behavior around the pool, such as no running and no consuming alcohol while swimming.
- Learn to swim- If you are unable to swim, one of the best ways to keep yourself safe around the water is to take an instructional swimming course. Until that time, always wear a life preserver near deep bodies of water.
The Nashville personal injury lawyers here at Ponce Law hope these tips will help to keep you and your loved ones safe around the pool in the coming months!
March 13th, 2015
Estimates show that as many as one in three elderly nursing home residents will become the victim of abuse or neglect this year. Quality reporting of nursing home conditions can help keep residents safe—but a proposed law may make it harder for nursing home abuse victims to file lawsuits against abusive or neglectful facilities and staff members.
The Nashville nursing home abuse lawyers with Ponce Law explain that despite evidence showing both of these methods to be effective, one may soon be unable to support the other. State legislators are currently considering a bill that would make information and evidence discovered during nursing home investigations, inspections, or surveys inadmissible in a court of law.
A report from Channel 3 News states the bill sponsored by Tennessee State Senator, Brian Kelsey, and State Representative, Leigh Wilburn, would also regulate how lawyers market to clients of nursing home abuse. If the bill is passed, attorneys who choose to use information from surveys or inspections in their ads would also have to point out when those issues were addressed and resolved by the nursing home in question.
At Ponce Law, we recognize the impact such a change in law could have on a nursing home abuse victim’s case, and our Nashville personal injury lawyers are anxious to see if committees approve this bill during the upcoming legislative session.
March 11th, 2015
Employers in Tennessee have a right to hire and terminate employees at will, there are certain laws that protect workers in our state from being treated inappropriately on the job or paid unfair wages. The Nashville employment lawyers with Ponce Law explain there are three common violations of these laws:
- Discrimination- Unfair treatment of an employee due to his or her age, sex, gender, religion, or ethnicity is strictly forbidden in the Tennessee workplace. Individuals may also be discriminated due to sexual preference or a disability as well. The latter is specifically prohibited under the Americans with Disabilities Act.
- Wage Disputes- State law protects workers from being required to work more than 40 hours per week without overtime pay. It also establishes the minimum wage an employer can pay workers. Any failure to abide by these regulations can result in a civil lawsuit.
- Sexual Harassment- The Tennessee Employment Law Center explains that any sort of unwelcome sexual advance, conduct, or request is considered discrimination under Title VII of the Civil Rights Act of 1964. Furthermore, any act or conduct that significantly interferes with a worker’s performance and creates a hostile, intimidating, or offensive work setting can be considered sexual harassment.
If you’ve been the victim of an employer’s misconduct, it’s important to know that help is available. At Ponce Law, our legal staff is standing by to assist you any way we can, whether it’s answering your questions or helping you start the Tennessee employment dispute claims process. We can be reached by calling (888) 977-9912 anytime.
March 9th, 2015
Distracted driving is one of the leading causes of auto accidents in Middle Tennessee—especially amongst teenagers. In fact, 78 percent of young drivers admit to checking texts on a cellphone while behind the wheel of a vehicle, while 75 percent say they have sent texts while driving.
But advancements in technology are helping people combat this issue. The Nashville car accident attorneys at Ponce Law explain that applications for smartphones can be used to keep drivers from using their devices while vehicles are in motion.
An article from Action News 5 elaborates on how a smartphone app called Canary informs parents whenever a teen driver uses a cellphone while in a moving car. The app detects when the phone is unlocked or operated inside of a moving vehicle. When this occurs, it sends an alert to parents’ phones.
While technology may help reduce distracted driving accidents, awareness of the dangers is the best way to get drivers to put their phones down. That’s why the Nashville personal injury lawyers at Ponce Law would like to encourage parents to have a dialogue with their teen drivers about the risks of cell phone use behind the wheel.