Tennessee Tort Laws

Tort is a broad area of law that covers both intentional and accidental civil wrongs resulting in harm to any individual. To obtain financial compensation, a harmed person may pursue a tort case. In 2023, 9,864 tort cases were filed in Tennessee’s circuit courts by plaintiffs who wanted to receive rightful compensation for their incurred losses due to someone’s wrongdoing.

Some types of torts fall under the personal injury category. These are wrongful actions, including auto accidents and medical malpractice, that lead to physical and emotional harm. There are also torts that result in reputational damage (libel and slander), infringe on a person’s civil rights (fraud), and violate someone’s private property (trespassing).

In some cases, a single tort can harm multiple individuals. In instances like this, a mass tort action is the appropriate legal avenue to obtain compensation. One real-life case involves defective 3M earplugs that caused almost 300,000 military service members to have hearing problems.

If you or someone you know is a victim of a tort or a mass tort, you can find relevant information in this article to help you seek justice. It provides an overview of tort law and discusses the types of torts, the deadlines for filing a tort lawsuit, and the mass tort litigation process.

Basic Tort Categories in Tennessee

There are three broad categories of torts: negligent, intentional, and strict liability torts. The first two categories involve an action or inaction by one party that results in harm to another.

Negligent Torts

A negligent tort is based on failing to act with reasonable care. Negligent torts commonly occur due to mistakes, and not out of intent to cause harm. Examples of negligent torts are auto accidents, medical malpractice, and slips and falls.

To win a negligent tort case, the plaintiff must prove that:

• The defendant had a duty of care to them.

• The duty of care was breached.

• The breach caused an injury.

• The plaintiff suffered damages due to the injury.

Intentional Torts

As opposed to a negligent tort, an intentional tort is an action or inaction that a person deliberately commits to cause harm. This type of tort includes trespassing, assault, and defamation. Unlike someone who carries out these actions, an average reasonable person would know that these may lead to injury or infringement of an individual’s rights.

Strict Liability Torts

This type of tort does not require the person committing the wrongdoing to have been negligent or intentional in causing harm. In line with the strict liability concept, they are responsible for their product, animal, service, or activity if it causes someone to suffer damages.

For instance, if an individual gets injured while using a product as directed, the manufacturer may be automatically liable for the injury, even if the product was produced according to current safety standards.

Strict liability may also apply to people or entities that conduct “ultrahazardous activities.” These are inherently risky activities like the storage of explosives, hazardous material transport, chemical waste disposal, and demolition.

Strict liability tort cases may also stem from defective medical devices, dangerous drugs, and domestic animal attacks.

Other Tort Categories in Tennessee

Economic Torts

An economic or business tort is a misconduct that interferes with business and professional relations and consequently results in financial and intangible losses. These may include losses or damage to future business opportunities, physical assets, business relationships, and reputation.

Some examples of economic torts are negligent misrepresentation, fraud, conversion, incitement of conspiracy, and breach of fiduciary duty.

Nuisances

A nuisance is an action that interferes with a citizen’s right to use and peacefully enjoy their private property. A nuisance tort may be temporary or permanent. Temporary nuisances affect other people for a limited time only and can be remedied. Meanwhile, permanent nuisances cannot be fixed and cause permanent damage. One example is prostitution operation, which can lower the value of homes in the neighborhood where it is conducted.

Some common types of nuisances are:

• Conducting illegal activities, such as drug sales.

• Accumulating garbage on one’s property, which can affect one’s neighbors and cause health hazards.

• Creating noise disturbances in the form of loud parties and barking dogs.

Tort vs. Crime in Tennessee

A tort and a crime primarily differ in who they affect. A crime affects society as a whole, while a tort harms a specific individual. Other ways they differ are set forth below:

There are situations when a criminal act may also be considered a tort, like in the cases of embezzlement (conversion), assault (personal injury), and reckless driving (car accident). In instances like these, the plaintiff can sue the defendant for damages while the defendant is being prosecuted by the state for their crime.

Mass Torts in Tennessee

When multiple cases are identified as involving similar circumstances, they may be combined into a mass tort action. In other words, a mass tort action involves multiple plaintiffs who have suffered harm due to a common product, service, or event and are suing the same defendant.

Mass torts commonly arise from personal injuries due to defective products, dangerous pharmaceutical drugs, environmental pollution, or toxic exposure since these can easily reach or involve a large number of people.

Defendants in mass tort actions are usually large corporations and manufacturers, like Monsanto (carcinogenic Roundup weedkiller) and Johnson & Johnson (carcinogenic talc powder).

Mass tort litigation was developed to streamline the resolution of large-scale injuries, which would have taken a long time and a lot of resources to litigate individually. Joining a mass tort action can be advantageous for a plaintiff for the following reasons: 

• Evidence sharing. The attorneys of the plaintiffs in a mass tort action can share evidence and information to support all the claims involved.

• Individual compensation. Each plaintiff receives compensation according to their individual case’s merits. One plaintiff’s case result will not affect those of other cases.

• Reduced litigation cost and timeline. Since the plaintiffs’ attorneys share all information relevant to the cases, the time and cost spent on investigations and testimonies are minimized.

Mass Torts vs. Class Actions

Both mass tort actions and class action lawsuits involve multiple plaintiffs harmed by the same defendant or group of defendants. However, these two civil actions differ in the following aspects:

The Mass Tort Process

Since the plaintiffs in a mass tort action are typically from different locations, their cases are usually consolidated and sent to a single federal court to be overseen by one judge for litigation. This is called multidistrict litigation or MDL. An MDL typically follows the steps below:

1. Consolidation of cases. The United States Judicial Panel on Multidistrict Litigation reviews cases and determines if they are similar enough to be combined into a mass tort action that will be filed in federal court.

2. Discovery phase. The plaintiffs’ attorneys conduct investigations, as well as witness and expert interviews, and freely share information with each other. Since a mass tort action may involve hundreds of attorneys, a plaintiff steering committee composed of a group of lawyers is appointed to handle communications with the court on behalf of everyone.

3. Bellwether trials. Several representative cases are selected to undergo bellwether trials. The purpose of these trials is to see which arguments will most likely stand up in court and lead to compensation. They can also help predict the amount of damages the plaintiffs are likely to receive if they win.

4. Settlements. Based on the results of the bellwether trials, the MDL court determines settlement amounts. Settlement negotiations usually follow to resolve most of the cases.  

5. Individual trails. Unsettled cases are returned to their district courts of origin, where they will be tried individually.

MDLs are quite distinct from mainstream personal injury litigation. As such, it is important to hire a litigation attorney with experience in mass torts if you are considering joining one.

Tennessee Tort Liability Insurance Requirements

In Tennessee, businesses and professionals working high-risk jobs are encouraged to carry tort liability insurance as it pays for damages, like medical bills and lost earnings, should they be found liable for someone’s injury.

Motor vehicle operators are legally required to carry liability insurance with the following minimum coverages under Tennessee law:

• $25,000 per claim per accident.

• $50,000 for all claims per accident.

• $25,000 for property damage per accident.

Motor vehicle operators may also opt to self-insure or deposit a bond in place of liability insurance.

Meanwhile, physicians are not legally mandated to carry medical malpractice insurance but may be required by medical facilities to have insurance before they are hired. Hospitals typically require medical malpractice insurance with $1 million coverage per claim and $3 million aggregate annual coverage.

The Statutes of Limitations for Tort Cases in Tennessee

A statute of limitations is the deadline for a tort plaintiff to file a lawsuit. Failing to lodge the case within the deadline may bar the plaintiff from recovering damages. See below the statutes of limitations for common tort cases in Tennessee:

Certain circumstances may also lead to a deadline extension or tolling:

• The plaintiff is a minor. In this case, the statute of limitation is extended until the plaintiff’s 19th birthday. This is unless a parent or guardian will be filing the case on their behalf. 

• The case involves medical malpractice. For injuries that are not immediately discoverable, the one-year statute of limitations will only begin from the date the injury is discovered.

• The defendant is also facing a criminal case for the same wrongdoing. In this case, the statute of limitation for the tort case gets a two-year extension.

If you will eventually join a mass tort action, your case must still be submitted to your local district court based on the corresponding statute of limitations. Since determining the deadline for filing a case can be confusing, it is in your best interest to consult a litigation attorney.

How Much Can Someone Sue in a Tort Case in Tennessee?

A tort or mass tort action allows a harmed individual to seek compensatory damages, which can be economic or non-economic in nature. Economic damages account for financial losses, such as current and future medical bills, lost wages, and reduced earning capacity. Non-economic damages compensate the plaintiff for the intangible effects of their injury, including pain and suffering, the loss of enjoyment of life, and emotional and mental trauma.

In cases where the defendant committed a tort intentionally or recklessly, the court may require them to pay punitive damages as a form of punishment. 

Damage Caps in Tennessee

Tennessee does not impose amount limits for economic damages. However, the Tennessee Civil Justice Act of 2011 puts caps on how much non-economic damages can be awarded. For catastrophic injury cases, like when the victim suffers a traumatic brain injury or wrongful death, non-economic damages can only be up to $1 million. For other injury cases, the cap is $750,000.

Punitive damages are also capped at $500,000 or twice the amount of the plaintiff’s compensatory damages, whichever is higher.

Modified Comparative Fault in Tennessee

Can you still sue for damages if you were partly to blame for your injury or the accident that caused your injury? It depends. Tennessee law allows plaintiffs to recover damages as long as they are not more than 49% at fault.

Note that a plaintiff’s final compensation will be reduced according to their percentage of fault. For example, in one particular car accident case, both the plaintiff and defendant may have been driving drunk when the defendant ran a red light and caused a collision. In this lawsuit, the plaintiff may be deemed 10% at fault because they were driving while intoxicated. As such, 10% will be deducted from their compensation. This means if they are supposed to obtain $50,000, it will be reduced to $45,000.

Other Legal Remedies in Tort Cases in Tennessee

Aside from damages, here are other ways a plaintiff in a tort case can seek justice:

• Restitution is a payment a criminal defendant makes to their victim for suffering financial losses. For example, a DUI convict may be ordered by the court to pay for the victim’s medical bills, lost wages, and car repairs. However, the expenses covered by the defendant’s auto insurance policy will no longer be included in the restitution. In some cases, restitution may be ordered as a requirement for probation.

• An injunction is a court order that restricts a party from committing an act that will harm another party while a case is ongoing. Injunctions are commonly petitioned by plaintiffs in cases of sexual assault, domestic violence, and injury to property. There are three types of injunctions: temporary injunction, restraining order, and permanent injunction.

Resources for Tort Victims in Tennessee

Tennessee Legal Aid Services

Tennessee Legal Aid Services is composed of nonprofit law offices across the state that provide free legal assistance to qualified low-income individuals, including those with concerns involving tort law. 

Tennessee Free Legal Answers

This online legal clinic offers free legal advice to low-income residents of the state. Those qualified to receive its service may submit questions online. The clinic’s state-licensed attorneys can respond to queries related to tort law via email.

Mesothelioma Center

The Mesothelioma Center website contains resources for victims of asbestos exposure. These include information on mesothelioma symptoms, legal options to seek compensation, a support group, and a treatment center directory.

Knoxville Bar Association

The Knoxville Bar Association runs a referral program that matches locals with private attorneys who can provide advice or legal representation. The program may be reached by calling (865) 522-7501. Requests for referral may also be made through its website’s Find A Lawyer page.