Winning Together - Vol. 2 Issue 5

Volume 2 Issue 5 Weir & Kestner Injury Lawyers • www.wkjustice.com WINNING TOGETHER Helping Tennessee Accident Victims Beat The Insurance Company

WHEN THE PARTY STOPS: What Happens When A Nashville Woo-Girl Gets Injured by Joe Weir Nashville’s long-standing reputation as America’s Music City and its convenient location to so many cities, has made it a prime destination for bachelorette parties. Local Nashvillians refer to the plethora of bachelorette parties around town, as the “Woo Girls.” That’s because all you need to do is to be near Broadway for one hour, and you will hear enough “Woos” to make Ric Flair blush. Every night of the year, wedding

commercial businesses have a legal obligation to protect patrons from unreasonable risks of harm. Under most circumstances, this obligation necessitates that property owners perform proactive maintenance. This could include any of the following: • Complying with Tennessee’s building and property laws • Removing garbage and other obstacles from dance floors and entryways • Placing signs to warn customers of a recognized hazard • Responding to customer complaints of dangerous conditions • Making reasonable efforts to repair,

parties make the rounds in downtown bars, carousing on the Honky Tonk Highway, renting out party buses, and exploring the town from atop pedal taverns. These celebrations often run late into the night, making memories that last a lifetime. However, even the most prepared bachelorette and bridesmaids could find their plans upended by an unexpected accident. When bars, businesses, and property owners evade their obligation to keep their premises safe from unexpected hazards, they risk the well-being of everyone in their establishment. Every state has specific property and maintenance codes. In Tennessee, entertainment venues and other

Property owners who fail to exercise reasonable care in the maintenance of their premises could be held financially liable for the costs of any resulting accident. However, accident victims must often assert their rights early to maximize their chances of securing a fair compensation. Even the most prepared bachelorette and bridesmaids could find their plans upended by an unexpected accident.

amend, or remove unsafe obstacles.

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A DIFFERENT KIND OF LAW FIRM

As former Nashville insurance company defense attorneys, Joe Weir and Tony Kestner bring a big-city, insider advantage to their injury clients. They came together to start Weir & Kestner Injury Lawyers because they wanted to focus on providing the best possible legal representation to victims of accidents, rather than helping insurers get out of paying damages. In establishing their practice, Joe and Tony made a commitment to providing Tennessee injury victims with the assertive approach and legal skill many people associate with big city firms. Their goal is to provide clients with a comfortable environment where they feel like someone is finally looking out for them. Their entire team is committed to offering a personalized client experienced so that clients don’t just feel like a number, which is often the case in big law firms. Contact us today to schedule your free consultation. Call (615) 220-4180 or visit www.wkjustice.com .

WINNING TOGETHER

—continued from page 1 When The Party Stops: What Happens When A Nashville Woo-Girl Gets Injured Premises liability lawsuits can be high-stakes affairs with hundreds of thousands of dollars at stake. Not to mention, claimants can be held a percentage of fault for their own injuries. So, things like consuming too much alcohol could provide the business a solid defense. No matter how wild or tame a bachelorette party may be, establishments still have a responsibility to ensure the safety of all patrons. If you or someone you know has been injured in an accident, call us at (615) 220-4180 or visit www.wkjustice.com to get helpful information and resources.

—continued from page 4 Nashville Resident Injured in A Staircase Accident Wins Award

we filed a lawsuit, we hired a building codes expert to investigate the staircase and file a report. Our expert found the staircase design and construction was deficient. Our expert also found that the property owner had also installed a handrail after the accident (Note: often proof of

remedial measures to fix a dangerous condition is not admissible evidence). With the expert report, we now had a strong legal basis for a lawsuit. So, we filed suit in Williamson County Circuit Court against both parties to ensure our client’s rights were maximally protected. In cases involving more than one defendant, litigation can become complicated. In this case, we had two defendants, the restaurant and the property owner. Often, the defendants then argue over who is responsible and sometimes agree on a liability split. While these two defendants investigated their potential liability exposure, Weir and Kestner Injury Lawyers were aggressively pushing the case. At every turn, we pushed back against the defendants to prove liability and all the elements necessary to win the case under Tennessee premises liability law. The parties finished the fact discovery process, including party depositions. Before moving into expert proof, the defendants asked for a mediation in an attempt to settle the case. At mediation, the parties agreed on a confidential settlement that made sure our client received fair compensation for her injuries. While both defendants contributed to the settlement, the property owner’s carrier paid the majority as the primary liable party. Weir & Kestner held the businesses and their insurance companies accountable and helped our client protect her injury rights. If you or someone you know has been injured in an accident, visit www.wkjustice.com or call us at (615) 220-4180 to get helpful information and resources. Our happy client on settlement day

RESTAURANT PICK OF THE MONTH

Carmen’s Taqueria tagline is “Authentic Mexican food in Murfreesboro, TN.” Simple and true. This is not your run-of-the-mill Mexican restaurant. Since 2009, Carmen’s has been serving up incredible, authentic Mexican food. The first thing you notice when your dish comes out of the kitchen, is how the presentation is thoughtfully designed. You also immediately notice how fresh the ingredients are. Not only will your taste buds notice the difference, the vibe is laid back and fun. Carmen’s has live music on the weekends if you’re looking for some entertainment. And, they also offer margarita towers if you and some friends are looking to unwind. Carmen’s is a Murfreesboro tradition at this point. It used to be a local secret, but food this good was never going to remain a secret. If you’re ever in the Murfreesboro area, a trip to Carmen’s Taqueria will not disappoint.

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HELPING TENNESSEE ACCIDENT VICTIMS BEAT THE INSURANCE COMPANY

PICKING THE RIGHT CAR SEAT: Tips for Proper Installation and Safety As a responsible parent or caregiver, ensuring the safety of your child during car journeys is of utmost importance. Selecting the right child car seat and installing it correctly can make a world of difference in your child’s safety. With a myriad of options available, picking the perfect car seat might seem daunting. Fear not! Here are some tips to guide you through the process of choosing the right child car seat and offer essential tips for proper installation.

▪ Read the Manual: Don’t skip this step! Thoroughly read the car seat’s manual, as each seat may have specific installation instructions that you need to follow correctly. ▪ LATCH System: Most modern cars and car seats come with the Lower Anchors and Tethers for Children (LATCH) system, providing a secure and straightforward installation process compared to using the seatbelt. ▪ Harness Adjustment: Ensure the harness straps are snug but not too tight. The harness should lie flat and not be twisted. You shouldn’t be able to pinch any excess webbing. ▪ Recline Angle: Depending on the type of car seat and your child’s age, the seat may need a specific recline angle. Follow the manufacturer’s guidelines to achieve the correct position. ▪ Minimize Movement: Once installed, the car seat should have minimal side-to-side or front-to-back movement. Excessive movement may indicate an improper installation. To wrap up, remember that selecting the right child car seat and ensuring its proper installation are vital steps in ensuring your child’s safety during car rides. Take the time to research and choose a seat suitable for your child’s age and size, and make sure to follow the manufacturer’s guidelines for installation. Investing in a quality child car seat means investing in your child’s safety and well-being. So, here’s to happy and safe travels for your little one!

1 Choose the Right Car Seat: First things first, consider your child’s age, weight, and height to determine the appropriate car seat type. There are three main types to consider: ▪ Rear-Facing Infant Seats: Ideal for infants and young babies, these seats face the rear of the car and provide essential support for their developing bodies. ▪ Convertible Seats: These versatile seats can be used both rear-facing and forward-facing, growing with your child as they grow. ▪ Booster Seats: Designed for older children, booster seats elevate your child to ensure the vehicle’s seatbelt fits them correctly. 2 Prioritize Safety Features: When shopping for a car seat, look for advanced safety features like side-impact protection, energy-absorbing foam, and a five-point harness system. Always check for certifications from reputable organizations like the National Highway Traffic Safety Administration (NHTSA) and the American Academy of Pediatrics (AAP). 3 Ensure Proper Fit: Before making a purchase, ensure the car seat fits well in your vehicle. Not all car seats fit all cars, so carefully check the manufacturer’s guidelines and even try the seat in your car to be certain. 4 Tips for Proper Installation: Proper installation of the car seat is crucial for its effectiveness in protecting your child during an accident. Follow these essential tips:

HOW WE CAN HELP At Weir & Kestner Injury Lawyers, our entire team is focused on hearing your story, helping you get the support you need, and THEN developing a legal plan of action to secure compensation that will allow you to recover from your injuries as completely as possible. But don’t just take our word for it. Schedule your free initial consultation to meet our team! You will not owe us a cent until and unless we successfully resolve your claim. You have nothing to lose! Call us today at (615) 220-4180 or visit www.wkjustice.com.

The Winning Together Newsletter is a publication of Weir & Kestner Injury Lawyers. To subscribe, visit www.wkjustice.com This publication is for information purposes only and is not intended to be legal advice. The information in this newsletter may be freely copied and distributed as long as the newsletter is copied in its entirety. Design and publication by Zine (www.zinegraphics.com). Copyright © 2023 by Weir & Kestner Injury Lawyers.

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HELLO FROM JOE WEIR & TONY KESTNER

Smyrna Office 10541 Cedar Grove Road, Suite 130 Smyrna, TN 37167 Phone: (615) 220-4180 Murfreesboro Office 416 D Medical Center Parkway Murfreesboro, TN 37129 Phone: (615) 220-4180 Nashville Office 3200 West End Avenue, Suite 500 Nashville, TN 37203 Phone: (615) 220-4180 Chattanooga Office 200 West MLK Boulevard, Suite 1000

In this issue, we share a story about a client who had a fall on a staircase, discuss what happens when a Nashville Woo Girl gets injured, and share some tips on picking the right child car seat. We also showcase one of Murfreesboro’s best kept restaurant secrets. Email help@wkjustice.com and let us know what you think. We love to hear from you!

Tony Kestner Trial Attorney

Joe Weir Trial Attorney

Chattanooga, TN 37402 Phone: (423) 558-0717 CONTACT US Phone: (615) 220-4180 Fax: (866) 538-5331 www.wkjustice.com

VERDICTS & SETTLEMENTS Tennessee Resident Injured in A Staircase Accident Wins Award

It was mid-October and our client was very excited. She was meeting friends for lunch at a popular Brentwood, Tennessee Mexican restaurant. And, she was really looking forward to spending time with her friends. Lunch went great and everyone enjoyed themselves.

large hospital bill she called Weir & Kestner Injury Lawyers for a review of her injury rights. Because the accident occurred on commercial property that was neither owned or maintained by the restaurant we argued primary liability rested with the shopping center property owner. Before

After their lunch, our client, who was 75 years old, exited the building. After she exited, she was unable to go down the stairs she used when she arrived due to congestion. So, she was forced to walk down a four riser concrete staircase outside to get to the parking lot. As she took her first step, she tried to grab the handrail. But, there was one problem. The staircase was

designed and constructed without a handrail in violation of city codes and industry standards. Without a handrail to help her, our client fell off the stairs causing her to sustain a broken arm. After being injured, our client was taken to Vanderbilt University Medical Center for treatment. She had surgery and began the recovery process. After receiving a

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