BASIS FOR LIABILITY
The tort liability of municipalities and other local governmental entities is determined under the
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:
|
|
$300,000 |
Bodily Injury or Death. Per Person. Per Accident, Occurrence or Act. |
|
|
$700,000 |
Bodily Injury or Death. All Persons. Per Accident, Occurrence or Act. |
|
|
$ 100,000 |
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.