TENNESSEE'S GOVERNMENTAL TORT LIABILITY ACT

BASIS FOR LIABILITY

The tort liability of municipalities and other local governmental entities is determined under the Tennessee Governmental Tort Liability Act - Tennessee Code Annotated (TCA) Chapter 20.

This Act, passed in 1973 by the Tennessee General Assembly, is an attempt to balance the needs of injured persons to recover for injury or damage caused by the negligent acts of a local government and the needs of local governments to provide and of their citizens to receive public services, without unduly burdensome litigation and taxes.

One of the most important provisions of the Act is the section that grants absolute immunity to local governments and then creates exceptions to this immunity making them liable for certain actions or inactions, based on negligence.

REMOVAL OF IMMUNITY (EXCEPTIONS) FOR CLAIMS FILED IN STATE COURT

TCA 29-20-202	Removal of immunity for injury from negligent operation of motor vehicles or other Equipment.
TCA 29-20-203	Removal of immunity for injury from defective, unsafe, or dangerous streets and highways. Includes streets, alleys, sidewalks, and/or traffic control devices. Actual and/or Constructive Notice Required.
TCA 29-20-204	Removal of immunity for injury from dangerous structures. Any public building, structure, dam, reservoir, or other public improvement. Actual and/or Constructive Notice Required.
TCA 29-20-205	Removal of immunity for injury caused by negligent act or omission of employee(s).
	Immunity remains for eight functions. For example immunity is not removed for discretionary functions, permitting licensing, negligent inspections, riots/civil disturbances, assessment of taxes, etc.

NEGLIGENCE IS BASED ON FOUR ELEMENTS

	1. You had a duty to act.
	2. You breached that duty.
	3. Your breach of that duty was the proximate cause of the injury.
	4. An actual injury or damage did occur.

MONETARY LIMITS OF LIABILITY

Another important feature of the Act is the monetary (Tort) limits set by Section 29-20-403(b) (2) A of the Tort Act. These limits have changed only three times since the original limits were set in 1973. These limits ensure that persons injured by negligent local governments will be compensated; but, at the same time protect other citizens from experiencing tax increases or reductions in service caused by overblown judgements that would cause an increase in insurance premiums or the unavailability of coverage.

CURRENT LIMITS:

	$250,000	Bodily Injury or Death. Per Person. Per Accident, Occurrence or Act.
	$600,000	Bodily Injury or Death. All Persons. Per Accident, Occurrence or Act.
	$ 85,000	Injury to or Destruction of Property. Per Accident, Occurrence or Act.

Cases against local governments are generally heard in circuit court by a judge, without a jury.

CIVIL RIGHTS LIABILITY - FEDERAL ACTIONS

These types of actions are usually filed in Federal Court; however, they may be filed in State Court as a federal action. These types of claims are not subject to the State Tort Law and the Tort limits would not apply.

BASIS FOR LIABILITY

42 U.S.Code, Section 1983

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory..., subjects or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, SHALL BE LIABLE TO THE PARTY INJURED IN AN ACTION AT LAW, suit in equity, or other proper proceeding for redress.

HIGH RISK AREAS OF EXPOSURE

Wrongful Termination
Unfair Hiring Practices
Discrimination Resulting From the Americans with Disabilities Act (A.D.A.)
Disciplinary Action Applied Unfairly

Use of Excessive Force - Use of Deadly Force
False Arrest - False Imprisonment
Failure to Warn, Provide and/or Protect

Slander - Libel - Defamation of Character

Land Use Restrictions/Inverse Condemnation

LIMITS

NONE

Awards are set by the Courts with Unlimited Exposure to Defendant Local Government or Agency.