Negligence in Tennessee
State-specific overview · Tort Law
Tennessee uses modified comparative negligence, barring recovery if the plaintiff is more than 50% at fault.
How Tennessee treats Negligence
Tennessee requires plaintiffs to prove duty, breach, causation, and damages to establish negligence. Under the modified comparative negligence rule, a plaintiff cannot recover if their negligence equals or exceeds the defendant's negligence. The statute of limitations for personal injury negligence claims is generally three years from the date of injury.
The general definition of Negligence
Failure to exercise reasonable care that results in harm to another person.
Negligence is a legal concept in civil law (not criminal) that holds people responsible for careless behavior. To prove negligence, you must show four things: the defendant had a duty to be careful, they breached that duty, their breach caused your injury, and you suffered actual damages. Negligence doesn't require intent to harm—it's about failing to act as a reasonably careful person would in similar circumstances. Victims of negligence can sue for compensation to cover medical bills, lost wages, and pain and suffering.
Read the full Negligence entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Tennessee.