TENNESSEE

Negligence / Personal Injury
1 Year

The following actions shall be commenced within one (1) year after the cause of action accrued:
(1) Actions for libel, for injuries to the person, false imprisonment, malicious prosecution, breach of marriage promise; Tenn. Code Ann. § 28-3-104

Statute of Repose - a) Any action against a manufacturer or seller of a product for injury to person or property caused by its defective or unreasonably dangerous condition must be brought within the period fixed by §§ 28-3-104, 28-3-105, 28-3-202 and 47-2-725, but notwithstanding any exceptions to these provisions, it must be brought within six (6) years of the date of injury, in any event, the action must be brought within ten (10) years from the date on which the product was first purchased for use or consumption, or within one (1) year after the expiration of the anticipated life of the product, whichever is the shorter, except in the case of injury to minors whose action must be brought within a period of one (1) year after attaining the age of majority, whichever occurs sooner. Tenn. Code Ann. § 29-28-103

Fraud
3 Years The following actions shall be commenced within three (3) years from the accruing of the cause of action:
(1) Actions for injuries to personal or real property;
(2) Actions for the detention or conversion of personal property; and
(3) Civil actions based upon the alleged violation of any federal or state statute creating monetary liability for personal services rendered, or liquidated damages or other recovery therefor, when no other time of limitation is fixed by the statute creating such liability. Tenn. Code Ann. § 28-3-105
Toxic Tort
1 Year The following actions shall be commenced within one (1) year after the cause of action accrued:
(1) Actions for libel, for injuries to the person, false imprisonment, malicious prosecution, breach of marriage promise; Tenn. Code Ann. § 28-3-104
Wrongful Death
1 Year The following actions shall be commenced within one (1) year after the cause of action accrued:
(1) Actions for libel, for injuries to the person, false imprisonment, malicious prosecution, breach of marriage promise; Tenn. Code Ann. § 28-3-104
Medical Malpractice
1 Year The following actions shall be commenced within one (1) year after the cause of action accrued:
(1) Actions for libel, for injuries to the person, false imprisonment, malicious prosecution, breach of marriage promise; Tenn. Code Ann. § 28-3-104
Malpractice (Other Professions)
year SOL for attorney or accountant malpractice.
Products Liability
1 Year

For the purpose of this section, in products liability cases:
(1) The cause of action for injury to the person shall accrue on the date of the personal injury, not the date of the negligence or the sale of a product;
(2) No person shall be deprived of the right to maintain a cause of action until one (1) year from the date of the injury; and
(3) Under no circumstances shall the cause of action be barred before the person sustains an injury. Tenn. Code Ann. § 28-3-104

Discovery:

In Tennessee, a products liability cause of action “accrues” “when the injury occurs or is discovered, or when in the exercise of reasonable care and diligence, it should have been discovered.” McCloskey v. Bryant Air Conditioning Co., 524 S.W.2d 487, 491 (Tenn.1975). Buckner v. GAF Corp., 495 F. Supp. 351, 354 (E.D. Tenn. 1979)

Municipal Liability/Sovereign Immunity
Abolished for governmental entities in tort cases.
Discovery Rule
Standard rule applies except see products liability.
Comparative Negligence
Rule applies if plaintiff's negligence is less than combined negligence of all tortfeasors.
Charitable Immunity
Abolished.
Disabilities
Rule applies if plaintiff is less than 50% responsible.
Punitive Damages
Clear and convincing evidence of intentional, fraudulent, reckless, or malicious conduct must be presented by plaintiff. Caps: None
No-Fault Insurance
None
Other Relevant Information
Silicone breast implants: SOR of 25 years from implant or 4 year SOL from discovery of injury.
Consumer Fraud Complaint
Tennessee Office of Attorney General, Consumer Protection
http://www.state.tn.us/consumer/
(615)741-2241

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