reglab/housing_qa huggingface dataset:
TN Code § 29-20-103 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 20 - Governmental Tort Liability|Part 1 - General Provisions|§ 29-20-103. Application of Chapter

   Any governmental entity may exempt itself from this chapter by action of its legislative body if such action is taken by January 1, 1975; provided, that §§ 7-31-103, 7-31-112, 7-51-202 (repealed) and 7-51-203, shall apply to any governmental entity exempting itself from this chapter.   Any governmental entity exempting itself from this chapter may by resolution of its governing body elect at any time to come under this chapter, provided, that this chapter would only apply to claims or actions arising after the effective date of such resolution.     After January 1, 1976, this chapter shall apply to all governmental entities as defined herein, provided that as to those governmental entities exempting themselves, as provided for in the preceding subsection, this chapter will only apply to claims or actions arising after January 1, 1976.   Nothing in this chapter shall be deemed to deprive any person of any cause of action or damages to which they are otherwise entitled arising under the federal Civil Rights Acts of 1871 and 1964, as amended.
TN Code § 29-20-104 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 20 - Governmental Tort Liability|Part 1 - General Provisions|§ 29-20-104. Applicability of Other Laws

  Sections 7-31-103, 7-31-112, 7-51-202 [repealed] and 7-51-203, and all other acts or statutes in conflict with this chapter shall only be applicable to governmental entities exercising their right not to come under this chapter as provided for by § 29-20-103.   Notwithstanding any other law to the contrary, §§ 28-1-106 — 28-1-108 shall apply in causes of action arising pursuant to this chapter.
TN Code § 29-20-105 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 20 - Governmental Tort Liability|Part 1 - General Provisions|§ 29-20-105. Inverse Condemnation Not Affected

 This chapter shall not apply to any action in eminent domain initiated by a landowner under §§ 29-16-123 and 29-16-124 nor be construed to impliedly repeal those statutes.
TN Code § 29-20-106 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 20 - Governmental Tort Liability|Part 1 - General Provisions|§ 29-20-106. Workers' Compensation Not Affected

 This chapter shall not apply to any action brought by an employee under the workers' compensation laws of Tennessee.
TN Code § 29-20-108 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 20 - Governmental Tort Liability|Part 1 - General Provisions|§ 29-20-108. Immunity of Emergency Communications District Boards, State, Counties, and Municipalities and Employees — Exceptions

  Emergency communications district boards, established in § 7-86-105, and the members of such board shall be immune from any claim, complaint or suit of any nature which relates to or arises from the conduct of the affairs of the board except in cases of gross negligence by such board or its members. The finding of the general assembly is that the service of such boards and the members thereof is so critical to the safety and welfare of the citizens of this state that such absolute and complete immunity is required for the free exercise of the duties of such boards by the members.   Such immunity shall also extend to employees of an emergency communications district, and county and municipal governments for the acts or omissions of employees that manage, supervise, or perform 911 emergency communications service as communicators or dispatchers; provided, that all such employees shall attain and maintain training requirements as may be required by state law.   An emergency call taker or public safety dispatcher who assists or instructs a caller or bystander on T-CPR is not liable for any civil damages or subject to a civil suit of any nature arising out of the assistance and instruction provided to the caller or bystander, except in cases of gross negligence or willful misconduct.    A caller or bystander may decline to receive T-CPR.   When a caller or bystander declines T-CPR, the emergency call taker or public safety dispatcher has no obligation to provide such instruction.     The emergency communication district, state, county, and municipality are not liable for any civil damages or subject to a civil suit of any nature for employees who answer 911 emergency calls and employees who are recently hired, except in cases of gross negligence or willful misconduct.   As used in this section, “T-CPR” means telecommunicator cardiopulmonary resuscitation, which is the dispatcher-assisted delivery of cardiopulmonary resuscitation (CPR) instruction by trained emergency call takers or public safety dispatchers to callers or bystanders for events requiring CPR, such as out-of-hospital cardiac arrest (OHCA).
TN Code § 29-20-109 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 20 - Governmental Tort Liability|Part 1 - General Provisions|§ 29-20-109. Immunity of Local Education Agency Employees From Asbestos-Related Liability

 Local education agency employees, including board members, superintendents, teachers and non-professional staff members, shall be absolutely immune from liability for acts and omissions within the scope of the employee's office arising from the detection, management or removal of asbestos from buildings and other structures owned or controlled by the local education agency when the local education agency has complied with the United States environmental protection agency regulations relative to asbestos in schools; provided, that such immunity shall not apply if the acts or omissions of the employee were grossly negligent, willful, malicious, criminal or were done for personal gain.
TN Code § 29-20-111 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 20 - Governmental Tort Liability|Part 1 - General Provisions|§ 29-20-111. No Employee Liability for Attempts to Maintain Order in Judicial Proceedings

 Notwithstanding any provision of this chapter or any other law to the contrary, no claim may be brought, or any judgment entered against an employee of local government, who is acting in good faith and within the scope of employment, arising from the employee's negligent act or omission in attempting to control another person's disorderly conduct or violent behavior that delays or disrupts, or threatens to delay or disrupt, a courtroom proceeding or that jeopardizes the safety of a judge, judicial employee, attorney, litigant, witness, or spectator who is present for a judicial proceeding.
TN Code § 29-20-113 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 20 - Governmental Tort Liability|Part 1 - General Provisions|§ 29-20-113. Award of Attorneys’ Fees and Costs to State and Local Government Employees Sued in Individual Capacity

  Notwithstanding § 20-12-119(c)(5)(A), if a claim is filed with a Tennessee or federal court, the Tennessee claims commission, board of claims, or any other judicial body established by the state or by a governmental entity of the state, against an employee of the state or of a governmental entity of the state in the person's individual capacity, and the claim arises from actions or omissions of the employee acting in an official capacity or under color of law, and that employee prevails in the proceeding as provided in this section, then the court or other judicial body on motion shall award reasonable attorneys' fees and costs incurred by the employee in defending the claim filed against the employee.   For purposes of this section, the employee shall be the prevailing party if:  The employee successfully defends the claim alleging individual liability; or   The claim of individual liability is dismissed with or without prejudice after forty-five (45) days have elapsed after an answer or other responsive pleading is filed in which the employee asserts the employee was not acting within the employee's individual capacity at the time of the matters stated in the complaint.     The inclusion of an additional claim against the employee in official capacity in the same proceeding shall not preclude the employee from obtaining the remedies provided in this section that are related to the claim against the employee in individual capacity.   Attorneys' fees and costs shall be paid to the state, or a governmental entity of the state, if either the state or the governmental entity represents, or retains and agrees to pay for counsel to represent, the employee sued in an individual capacity. If the state has not made such agreement, the attorneys' fees and costs shall be paid to the employee, or to counsel representing the employee. Attorneys' fees shall be calculated at a reasonable rate paid to attorneys of similar experience in private practice in the county where the proceeding is initiated.
TN Code § 29-20-201 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 20 - Governmental Tort Liability|Part 2 - Removal of Immunity|§ 29-20-201. General Rule of Immunity From Suit — Exception

  Except as may be otherwise provided in this chapter, all governmental entities shall be immune from suit for any injury which may result from the activities of such governmental entities wherein such governmental entities are engaged in the exercise and discharge of any of their functions, governmental or proprietary.    The general assembly finds and declares that the services of governmental entity boards, commissions, authorities and other governing agencies are critical to the efficient conduct and management of the public affairs of the citizens of this state. Complete and absolute immunity is required for the free exercise and discharge of the duties of such boards, commissions, authorities and other governing agencies. Members of boards, commissions, authorities, and other governing agencies must be permitted to operate without concern for the possibility of litigation arising from the faithful discharge of their duties.   All members of boards, commissions, agencies, authorities, and other governing bodies of any governmental entity, created by public or private act, whether compensated or not, shall be immune from suit arising from the conduct of the affairs of such board, commission, agency, authority, or other governing body. Such immunity from suit shall be removed when such conduct amounts to willful, wanton, or gross negligence.     When immunity is removed by this chapter any claim for damages must be brought in strict compliance with the terms of this chapter.   Notwithstanding this chapter or any other law to the contrary, a governmental entity that places and properly maintains a clearly visible and adequate flood warning sign or barricade at a flooded road area shall be immune from suit for any injury resulting from a violation of § 55-10-205(c). The immunity from suit shall be removed when the governmental entity's conduct amounts to willful, wanton, or gross negligence. It shall be deemed gross negligence if an authorized government employee signaled the motor vehicle operator that it was safe to drive past the sign or barricade and the operator or any passengers in the operator's motor vehicle were injured or killed in the flooded road area due to the employee's signaling the motor vehicle to drive past the sign or barricade.
TN Code § 29-20-202 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 20 - Governmental Tort Liability|Part 2 - Removal of Immunity|§ 29-20-202. Removal of Immunity for Injury From Negligent Operation of Motor Vehicles — Exceptions

  Immunity from suit of all governmental entities is removed for injuries resulting from the negligent operation by any employee of a motor vehicle or other equipment while in the scope of employment.   This section shall not act as a repeal of § 55-8-101, § 55-8-108, or § 55-8-132, and the immunities provided by these sections are hereby expressly continued.
TN Code § 29-20-203 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 20 - Governmental Tort Liability|Part 2 - Removal of Immunity|§ 29-20-203. Removal of Immunity for Injury From Unsafe Streets and Highways — Notice Required

  Immunity from suit of a governmental entity is removed for any injury caused by a defective, unsafe, or dangerous condition of any street, alley, sidewalk or highway, owned and controlled by such governmental entity. “Street” or “highway” includes traffic control devices thereon.   This section shall not apply unless constructive and/or actual notice to the governmental entity of such condition be alleged and proved in addition to the procedural notice required by § 29-20-302 [repealed].
TN Code § 29-20-204 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 20 - Governmental Tort Liability|Part 2 - Removal of Immunity|§ 29-20-204. Removal of Immunity for Injury From Dangerous Structures — Exception — Notice Required

  Immunity from suit of a governmental entity is removed for any injury caused by the dangerous or defective condition of any public building, structure, dam, reservoir or other public improvement owned and controlled by such governmental entity.   Immunity is not removed for latent defective conditions, nor shall this section apply unless constructive and/or actual notice to the governmental entity of such condition be alleged and proved in addition to the procedural notice required by § 29-20-302 [repealed].
TN Code § 29-20-205 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 20 - Governmental Tort Liability|Part 2 - Removal of Immunity|§ 29-20-205. Removal of Immunity for Injury Caused by Negligent Act or Omission of Employees — Exceptions — Immunity for Year 2000 Computer Calculation Errors

 Immunity from suit of all governmental entities is removed for injury proximately caused by a negligent act or omission of any employee within the scope of his employment except if the injury arises out of:   The exercise or performance or the failure to exercise or perform a discretionary function, whether or not the discretion is abused;   False imprisonment pursuant to a mittimus from a court, false arrest, malicious prosecution, intentional trespass, abuse of process, libel, slander, deceit, interference with contract rights, infliction of mental anguish, invasion of right of privacy, or civil rights;   The issuance, denial, suspension or revocation of, or by the failure or refusal to issue, deny, suspend or revoke, any permit, license, certificate, approval, order or similar authorization;   A failure to make an inspection, or by reason of making an inadequate or negligent inspection of any property;   The institution or prosecution of any judicial or administrative proceeding, even if malicious or without probable cause;   Misrepresentation by an employee whether or not such is negligent or intentional;   Or results from riots, unlawful assemblies, public demonstrations, mob violence and civil disturbances;   Or in connection with the assessment, levy or collection of taxes;   Or in connection with any failure occurring before January 1, 2005, which is caused directly or indirectly by the failure of computer software or any device containing a computer processor to accurately or properly recognize, calculate, display, sort, or otherwise process dates or times, if, and only if, the failure or malfunction causing the loss was unforeseeable or if the failure or malfunction causing the loss was foreseeable but a reasonable plan or design or both for identifying and preventing the failure or malfunction was adopted and reasonably implemented complying with generally accepted computer and information system design standards. Notwithstanding any other law, nothing in this subdivision (9) shall in any way limit the liability of a third party, direct or indirect, who is negligent. Further, a person who is injured by the negligence of a third party contractor, direct or indirect, shall have a cause of action against the contractor; or  [Repealed effective July 1, 2022. See Compiler's Note.]    Or in connection with any loss, damage, injury, or death arising from COVID-19, as defined in § 29-34-802(a), unless the claimant proves by clear and convincing evidence that the loss, damage, injury, or death was proximately caused by an act or omission by the entity or its employees constituting gross negligence. The requirements of § 29-34-802(c) apply to any such cause of action when applicable.
TN Code § 29-20-206 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 20 - Governmental Tort Liability|Part 2 - Removal of Immunity|§ 29-20-206. Construction of Chapter as to Liability — Effect of Removal of Immunity

 Nothing contained in this chapter, unless specifically provided, shall be construed as an admission or denial of liability or responsibility insofar as governmental entities are concerned. Wherein immunity from suit is removed by this chapter, consent to be sued is granted and liability of the governmental entity shall be determined as if the governmental entity were a private person.
TN Code § 29-20-207 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 20 - Governmental Tort Liability|Part 2 - Removal of Immunity|§ 29-20-207. Liability for Injury Arising Out of the Provision of Emergency Services

 Except as may otherwise be provided in the agreement, when any governmental entity is found liable under this part for any injury arising out of the provision of emergency services rendered under a written mutual aid agreement, automatic response agreement, operational agreement, or any other agreement specifically entered into between or among the parties, relating to the providing of emergency services under §§ 5-1-113, 5-16-107, 6-54-601, the Interlocal Cooperation Act, compiled in title 12, chapter 9, or other applicable law, the governmental entity benefiting from the provision of the services under the agreement may pay any judgment or award against the provider, subject to the limits of liability set forth in § 29-20-403.
TN Code § 29-20-208 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 20 - Governmental Tort Liability|Part 2 - Removal of Immunity|§ 29-20-208. Governmental Immunity Waived for Claims Against Any Governmental Entity Under Uniformed Services Employment and Reemployment Rights Act of 1994 (Userra)

 Immunity from suit of any governmental entity, or any agency, authority, board, branch, commission, division, entity, subdivision, or department of state government, or any autonomous state agency, authority, board, commission, council, department, office, or institution of higher education, is removed for the purpose of claims against and relief from a governmental entity under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), 38 U.S.C. §§ 4301-4334.
TN Code § 29-20-209 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 20 - Governmental Tort Liability|Part 2 - Removal of Immunity|§ 29-20-209. Removal of Immunity From Suit by Party Adversely Affected by Local Regulation of Firearms

 Immunity from suit of all governmental entities is removed for causes of action brought under § 39-17-1314(g)-(i).
TN Code § 29-20-210 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 20 - Governmental Tort Liability|Part 2 - Removal of Immunity|§ 29-20-210. Liability of Governmental Entity for Damages, Injury, or Death Proximately Caused by Governmental Entity Intentionally Prohibiting or Preventing Law Enforcement or Fire and Rescue Services From Accessing Specifically Bounded Area Within Governmental Entity's Jurisdiction During Public Demonstration

  A governmental entity shall not intentionally prohibit or prevent law enforcement or fire and rescue services from accessing a specifically bounded area within the governmental entity's jurisdiction during a public demonstration unless the services are replaced by like services provided by another governmental entity.   A governmental entity violating subsection (a) may be held liable, subject to the limits set forth in this chapter, for damages, injury, or death proximately caused by the governmental entity intentionally prohibiting or preventing law enforcement or fire and rescue services from accessing a specifically bounded area within the governmental entity's jurisdiction during a public demonstration.   As used in this section, “governmental entity” means a mayor, chief executive officer, governing body, board, commission, committee, or department of a municipality, county, or other political subdivision of the state.   This section does not apply to tactical decisions made by law enforcement or fire and rescue services personnel based on the risks to or safety of personnel or the public.
TN Code § 29-20-304 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 20 - Governmental Tort Liability|Part 3 - Claims Procedure|§ 29-20-304. Approval or Denial of Claim — Period for Answering Claim, Action or Suit

  A governmental entity or employee shall have sixty (60) days in which to answer or otherwise respond to any claim, action, or suit brought pursuant to this chapter.   A claim shall be deemed to have been denied if at the end of the sixty-day period the governmental entity or its insurance carrier has failed to approve or deny the claim.
TN Code § 29-20-305 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 20 - Governmental Tort Liability|Part 3 - Claims Procedure|§ 29-20-305. Action in Circuit Court Generally — General Sessions Court in Certain Counties

  If the claim is denied, a claimant may institute an action in the circuit court against the governmental entity in those circumstances where immunity from suit has been removed as provided for in this chapter; provided, that in counties having a population of more than eight hundred fifty thousand (850,000), according to the 2000 federal census or any subsequent federal census, an action under this section may also be instituted in the general sessions court.   The action must be commenced within twelve (12) months after the cause of action arises.
TN Code § 29-20-306 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 20 - Governmental Tort Liability|Part 3 - Claims Procedure|§ 29-20-306. Bond for Costs or Pauper's Oath

 At the time of filing the action the plaintiff shall file a bond for costs or pauper's oath required by chapter 18 of this title.
TN Code § 29-20-307 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 20 - Governmental Tort Liability|Part 3 - Claims Procedure|§ 29-20-307. Exclusive Jurisdiction — No Jury

 The circuit courts shall have exclusive original jurisdiction over any action brought under this chapter and shall hear and decide such suits without the intervention of a jury, except as otherwise provided in § 29-20-313(b); provided, that in counties having a population of more than eight hundred fifty thousand (850,000), according to the 2000 federal census or any subsequent federal census, the general sessions court shall have concurrent original jurisdiction with such circuit court over any action brought under this chapter; and provided further, that the jurisdiction conferred upon the general sessions court by this section shall not extend beyond the jurisdictional dollar limit provided in § 16-15-501(d) for such general sessions courts in civil cases generally.
TN Code § 29-20-308 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 20 - Governmental Tort Liability|Part 3 - Claims Procedure|§ 29-20-308. Venue of Actions

  Suits filed under this chapter may be brought in the county in which such governmental entity is located or in the county in which the incident occurred from which the cause of action arises.   A governmental entity operating in more than one (1) county shall be deemed to be located in the county where its principal office is found.