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Knox County Law Blog

Riding a bike or walking can be hazardous to your health

Wait, aren't biking and walking supposedly good for you? Yes, as far as increasing your health and decreasing your waistline, these are healthy ways to do so. However, unless you only walk or bike in a gym on stationary equipment, it also comes with certain hazards.

Sharing the roads with vehicles that range anywhere from compact cars to semitrailers puts you at a disadvantage. Not only can you not travel as fast as motorized vehicles, but you lack the safety features their occupants enjoy. Then there is the fact that, even if a driver isn't speeding, any impact could cause you serious injuries or death.

Children with a disabling condition may be entitled to benefits

Throughout life there are many different things that can happen to people in Tennessee. Sometimes they are welcomed events that change one's life for the better. However, there are also many things that can happen and change one's life for the worse. People can contract or develop diseases or suffer injuries which can make life much more difficult, sometimes permanently.

In these situations, as we have previously discussed, that people who find themselves in this unfortunate situation may be able to pursue Social Security disability benefits to help them financially. However, sometimes the person does not develop or contract the problem as an adult. Sometimes it can be something they are born with or develop as a child. These types of illnesses and physical problems can still cause financial difficulties. That is why parents can seek Supplemental Security Income on behalf of their child.

What is considered gross income for child support purposes?

People have many different types of jobs in Tennessee. Many people work for other companies as employees and receive a W-2 at the end of each year. It is generally fairly easy to determine a person's gross income when one's only income is through this type of employment. However, there are many other types of jobs and people have many different sources of income. People know that exact record keeping of these sources of income are important for taxes, but this record keeping is also important for determining child support in a divorce as well.

The determination of a parent's child support obligations begins with the gross income of each parent. Gross income includes income from pretty much all sources. It could be wages earned from employment, self-employment income, commissions, overtime pay, bonuses, severance pay, interest and dividend pay, annuities, payment from retirement plans and individual retirement accounts (IRAs), capital gains, prizes, workers' compensation benefits, alimony and many other sources of income. Gross income can also include fringe benefits, such as a company car, if the benefit lowers the parent's personal living expenses.

The penalties for theft depends on the amount taken

There are many things and services that people in Tennessee may want or need for their daily lives. In order to get these things people usually need to pay for them. Some people are lucky and may win contests or prizes, but for the most part people need to pay. If people take the things or services without paying for them, they could be charged with theft. The penalties for theft, if the person is convicted, can be very severe.

How severe the penalties will be depends on a number of different factors. However, one of the biggest factors is the amount of money taken or the value of the property taken. If it is $500 or less, the person could be charged with a Class A misdemeanor, if it is between $500 and $1,000 then it is a Class E felony, between $1,000 and $10,000 is a Class D felony, between $10,000 and $60,000 is a Class C felony, between $60,000 and $250,000 is a Class B felony and finally $250,000 and above is a Class A felony.

When is a store owner liable for a slip and fall injury?

People go onto other people's property in Tennessee every day. Sometimes the person is explicitly invited onto the property, such as a friend or family member's home, sometimes they enter onto property without permission and other times there is an implicit invitation onto the property.

The main places that the people have implicit invitations to enter are stores and other businesses which sell goods or services. The store owners do not extend a personal invitation to every customer, but instead they have a general invite to any customer.

People with inflammatory arthritis may seek disability benefits

People in Tennessee suffer from many different types of injuries and illnesses. Some of these illnesses and injuries are easy to see and are obvious to people around them. It is easy to tell when people are in wheelchairs, are missing limbs, are on crutches or other injuries such as these. However, there are many other injuries that are more internal in nature and less obvious to those around them. These injuries may be less obvious, but can be just as devastating for the people suffering from them.

One of these types of conditions is inflammatory arthritis. These types of conditions can make to very difficult to perform very basic daily actions and can make it difficult for people to be able to go to work each day. If this is the case, the person may be unable to earn an income and pay their monthly bills.

What are prenuptial agreements used for in Tennessee?

People in Tennessee generally marry for love, and are not worried about who has what property. However, when people marry they are also entering into an unwritten contract that everything that either one earns or acquires during the marriage becomes the property of both spouses regardless of which spouse actually earned or acquired the property. So, if the couple ends up divorcing each one would be entitled to an equitable portion of the marital property.

There is a way people can avoid entering into this unwritten contract though. The couple could enter into a prenuptial agreement prior to marriage, which can control a divorce. There are a number of aspects of the marriage that the couple can control through a prenuptial agreement.

Two men charged for alleged thefts from multiple music stores

There are many things that young people are taught in Tennessee. One of these lessons is to not take what does not belong to them. When children take a toy from another child, they are reprimanded and may go to timeout, but the consequences are not very severe beyond that. However, when people are adults and decide to take things that are not theirs to take, they could face theft charges and the consequences can be much more severe depending on the circumstances.

Two men may realize these consequences after being charged with thefts from multiple music stores in the Knoxville area. The two men allegedly stole music instruments from different stores over a couple weeks' span of time. Both men were ultimately charged with felony theft as well as drug possession charges. Police say that the investigation is ongoing, and they expect more charges to come for the two men.

Are pedestrians walking straight toward danger?

If you choose to walk as a primary mode of transportation, it is likely because it is cheaper, more convenient, better for your health or simply a faster way to get where you need to go. No matter why you walk, you know how scary it can be when Tennessee drivers do not make safe decisions, whether that is speeding through an intersection or failing to properly stop at a crosswalk. 

According to a study done by the Governors Highway Safety Administration, the number of deadly accidents involving pedestrians has risen sharply over a very short amount of time. There could be many reasons for this, but statistics are clear that walking is quickly becoming one of the more dangerous ways to travel.

Basics of a products liability lawsuit in Tennessee

There are many different products that people in Tennessee use every day. These products have a variety of uses that help people perform tasks each day. This could be electronics, motorized products or those that require manual labor to operate. However, no matter how the product works, the person using it expects that the product will work properly. When they do not work properly not only can it can be frustrating -- it can also be dangerous.

Defective products can cause injuries to the person using it. If a person is injured as a result of defective product, the victim may be able to pursue compensation for the injuries through a products liability lawsuit. These actions can be brought if the product was defective due to many different issues, including but not limited to manufacturing, design, assembly, testing, instruction, warning, packaging, labeling or other issues with the product causing injury.

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Mr. McKellar was voted by his peers as a “Top Attorney” by Knoxville’s CityView magazine in its 2010, 2011, 2012, 2013, 2014, and 2015 editions. In 2014, 2015, and 2016, Mr. McKellar was selected as a member of the “Top 100 Trial Lawyers” by the National Trial Lawyers.

Ms. Easter was voted by her peers as a “Top Attorney” in Cityview Magazine for Family Law / Divorce / Child Support in 2012, 2013, 2014, 2015 and 2016.

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