reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 1 - GENERALLY-PRIVITY (§§ 29-34-101 — 29-34-106) › Section 29-34-103 - [Repealed] Provision of settlement agreement concealing details relating to claim of child sexual abuse void and unenforceable

Notwithstanding any law to the contrary, any provision of a settlement agreement that has the purpose or effect of concealing the details relating to a claim of child sexual abuse, as defined in §
37-1-602
, is void and unenforceable as contrary to the public policy of this state; except that identifying information concerning a victim of child sexual abuse shall be deemed and maintained as confidential.
Repealed by 2021EX3 Tenn. Acts, ch. 6, s 7, eff. 11/12/2021.
Added by 2018 Tenn. Acts, ch. 962, s 1, eff. 5/15/2018.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 1 - GENERALLY-PRIVITY (§§ 29-34-101 — 29-34-106) › Section 29-34-104 - [Repealed] Privity not required

In all causes of action for personal injury or property damage brought on account of negligence, strict liability or breach of warranty, including actions brought under the Uniform Commercial Code, privity shall not be a requirement to maintain such action.
Repealed by 2021EX3 Tenn. Acts, ch. 6, s 7, eff. 11/12/2021.
Acts 1972, ch. 670, § 1; T.C.A., § 23-3004.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 1 - GENERALLY-PRIVITY (§§ 29-34-101 — 29-34-106) › Section 29-34-105 - Settlements on behalf of minors

(a)
(1)
In any tort claim settlement involving a minor, the court shall conduct a hearing at which the minor and legal guardian are present if the tort claim settlement:
(A)
Is a settlement of ten thousand dollars ($10,000) or more;
(B)
Is a structured settlement; or
(C)
Involves a minor who is not represented by an attorney licensed to practice in this state.
(2)
Notwithstanding subdivision (a)(1), the court may, in its discretion, conduct the hearing in chambers or by remote communication and may excuse the minor from attending the hearing.
(b)
A tort claim settlement does not otherwise require court approval merely because it involves a minor.
(c)
In the order approving a tort claim settlement authorized by this section, the court has the discretion to determine whether the settlement proceeds are to be paid to the minor's legal guardian or held in trust by the court until the appropriate time.
Amended by 2022 Tenn. Acts, ch. 917, s 1, eff. 4/27/2022.
Repealed by 2021EX3 Tenn. Acts, ch. 6, s 7, eff. 11/12/2021.
Acts 2004, ch. 701, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 1 - GENERALLY-PRIVITY (§§ 29-34-101 — 29-34-106) › Section 29-34-106 - [Repealed] Provision of settlement agreement prohibiting disclosure of identities of persons relating to claim void and unenforceable

(a)
Notwithstanding any law to the contrary, any provision of a settlement agreement entered into by a governmental entity that has the effect of prohibiting the disclosure of the identities of persons relating to a claim by any of the parties is void and unenforceable as contrary to the public policy of this state; except that identifying information concerning a person who is a victim of sexual harassment or an offense under title 39, chapter 13, part 5; title 39, chapter 17, part 10; §
39-13-111
; §
39-13-605
; §
39-15-302
; §
39-15-401
; or §
39-15-402
is confidential until such person authorizes the disclosure of the information.
(b)
For purposes of this section, "governmental entity" means any lawfully established department, agency, or entity of this state or any political subdivision of this state.
Repealed by 2021EX3 Tenn. Acts, ch. 6, s 7, eff. 11/12/2021.
Added by 2019 Tenn. Acts, ch. 425, s 1, eff. 5/21/2019.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 2 - TORT LIABILITY (§§ 29-34-NEW — 29-34-214) › Section 29-34-NEW - [Newly enacted section not yet numbered]

(a)
As used in this section:
(1)
"Cybersecurity event" means an event resulting in unauthorized access to, or disruption or misuse of, an information system or nonpublic information stored on an information system;
(2)
"Information system" has the same meaning as defined in § 56-21003;
(3)
"Nonpublic information" means information that is not publicly available and concerns a person that, because of a name, number, personal mark, or other identifier, can be used to identify that person, in combination with the following:
(A)
A social security number;
(B)
A driver license number or non-driver identification card number;
(C)
A financial account number or credit or debit card number;
(D)
A security code, access code, or password that would permit access to the person's financial accounts; or
(E)
Biometric records;
(4)
"Private entity" means a corporation, religious or charitable organization, association, partnership, limited liability company, limited liability partnership, or other private business entity, whether organized for-profit or not-for-profit; and
(5)
"Publicly available information" means information that is lawfully made available through federal, state, or local government records, or information that a business has a reasonable basis to believe is lawfully made available to the general public.
(b)
A private entity is not liable in a class action lawsuit resulting from a cybersecurity event unless the cybersecurity event was caused by willful and wanton misconduct or gross negligence on the part of the private entity.
Added by 2024 Tenn. Acts, ch. 991,s 1, eff. 5/21/2024.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 2 - TORT LIABILITY (§§ 29-34-NEW — 29-34-214) › Section 29-34-201 - Injuries suffered in committing or attempting to commit felony on property of another - Recovery barred - Scope of immunity for one injuring a perpetrator of a criminal offense

(a)
Any person who is injured while committing a felony or attempting to commit a felony on the real property of another is barred from recovery of actual or punitive damages resulting from injuries, either accidentally or intentionally inflicted by the owner, lawful occupier or tenant of such property, which the person receives while committing or attempting to commit a felony.
(b)
(1)
A person who accidentally or intentionally causes property damage to or inflicts injury or death upon the perpetrator of a criminal offense is absolutely immune from civil liability for or the payment of monetary damages from such person's actions if at the time such damage, injury or death occurred:
(A)
The person was preventing or attempting to prevent the perpetrator from committing the offense or was apprehending the perpetrator of the offense; and
(B)
The perpetrator was committing one (1) or more of the offenses specified in subdivisions (c)(1)-(9) or was attempting to commit one (1) or more of the offenses specified in subdivision (c)(10).
(2)
The immunity conferred by this subsection (b) shall only apply to property damage caused to or injury or death inflicted upon a perpetrator of an enumerated offense and only under the conditions set out in this subsection (b). Such immunity shall not be construed to extend to property damage caused to or injury or death inflicted upon a bystander or other person who is not the perpetrator of an enumerated offense.
(c)
The offenses for which such immunity applies are:
(1)
Any criminal homicide;
(2)
Aggravated rape;
(3)
Kidnapping;
(4)
Aggravated kidnapping;
(5)
Especially aggravated kidnapping;
(6)
Especially aggravated burglary;
(7)
Aggravated robbery;
(8)
Especially aggravated robbery;
(9)
Carjacking; and
(10)
Attempt to commit first or second degree murder.
Acts 1971, ch. 177, § 1; T.C.A., §§ 23-3003, 29-34-103; Acts 1999, ch. 268, § 2.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 2 - TORT LIABILITY (§§ 29-34-NEW — 29-34-214) › Section 29-34-202 - Immunity for natural gas providers - Exceptions - Product liability claims

(a)
As used in this section, unless the context otherwise requires:
(1)
"Natural gas equipment" means storage vessels, compressors, dryers, dispensers, piping, compressed or liquefied gas appliances, or any other item that is installed by a natural gas provider; and
(2)
"Natural gas provider" means any person or entity engaged in the business of supplying, handling, transporting, or selling at retail compressed or liquefied natural gas intended for use with properly constructed, inspected, and certified vehicle fuel systems in this state.
(b)
A natural gas provider shall be immune from civil liability, if the proximate cause of the injury or damages was caused by actions of an ultimate consumer by:
(1)
An alteration, modification or repair of gas equipment that could not have been discovered by the natural gas provider in the exercise of reasonable care; or
(2)
The use of natural gas equipment in a manner or for a purpose other than that for which the natural gas equipment was intended to be used or could reasonably have been foreseen; provided, that the natural gas provider or the manufacturer of the natural gas equipment has taken reasonable steps to warn the ultimate consumer of the hazards associated with foreseeable misuses of the equipment.
(c)
(1)
Nothing in this section shall be construed as affecting, modifying, or eliminating the liability of a manufacturer of natural gas equipment or its employees under any legal claim, including, but not limited to, product liability claims.
(2)
This section applies to liability resulting from retail operations at the point of sale only. Nothing in this section shall be construed as affecting, modifying, or eliminating the liability of a manufacturer of natural gas equipment or its employees under any legal claim, including, but not limited to, product liability claims.
(d)
No defendant may allege or prove that a person or entity caused or contributed to causing a plaintiff's injuries, death, or other losses, unless the plaintiff could have maintained an action against the person.
Acts 2012 , ch. 711, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 2 - TORT LIABILITY (§§ 29-34-NEW — 29-34-214) › Section 29-34-203 - Immunity for first responders in responding to emergency calls

(a)
As used in this section, "first responder" means a law enforcement officer, firefighter, emergency services personnel or other person who responds to calls for emergency assistance from a 911 call.
(b)
A first responder and the responder's supervisor, agency, employer or supervising entity is immune from civil liability resulting from a forcible entry of a home, business or other structure if the first responder:
(1)
Is responding to a documented 911 call for emergency assistance;
(2)
Has made reasonable efforts to summon an occupant of the home, business, or structure that made the call by knocking or otherwise notifying the occupant of the first responder's presence;
(3)
Has not received a response from an occupant within a reasonable period of time after making reasonable efforts pursuant to subdivision (b)(2); and
(4)
Has a good faith belief that it is necessary to make a forcible entry for the purposes of rendering emergency assistance or preventing imminent bodily harm.
(c)
Nothing in this section shall affect the standard of care a first responder must employ when rendering aid after gaining entry.
Acts 2012, ch. 844, § 2.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 2 - TORT LIABILITY (§§ 29-34-NEW — 29-34-214) › Section 29-34-204 - Charitable fundraisers - Immunity from suit

If any philanthropic individual; cooperative, corporation, club, association or organization; or director, trustee or member of the governing body of any such cooperative, corporation, club, association or organization; supplies only financial sponsorship or support for another entity's charitable fundraising event and is not, in any way, involved in the management, organization, planning or execution of such event, and if the entity managing, organizing, planning or executing such charitable fundraising event provides liability insurance in an amount not less than one million dollars ($1,000,000) for any single occurrence and three million dollars ($3,000,000) for all occurrences of personal injury or property damage arising from such event, then such individual, cooperative, corporation, club, association, organization, director, trustee or member shall not be liable for any personal injury or damage to property arising from the other entity's charitable fundraising event. However, if such financial sponsorship or support constitutes willful, wanton or gross negligence, then such immunity from suit shall not attach.
Acts 2002, ch. 692, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 2 - TORT LIABILITY (§§ 29-34-NEW — 29-34-214) › Section 29-34-206 - Liability for providing firefighting equipment to volunteer departments

(a)
Any person, corporation, business entity, charitable organization, or governmental agency that acts reasonably and in good faith in donating fire control or fire rescue equipment to a volunteer fire department shall not thereafter be civilly liable for any personal injury, property damage, or death proximately caused by a defect in the equipment.
(b)
Any governmental agency that acts reasonably and in good faith in administering the distribution of donated fire control or fire rescue equipment to a volunteer fire department shall not thereafter be civilly liable for any personal injury, property damage, or death proximately caused by a defect in the equipment.
(c)
Subsections (a) and (b) shall not apply to a person, corporation, business entity, charitable organization, or governmental agency if:
(1)
The defect that proximately causes the injury, damage, or loss resulted from an act or omission of the person, corporation, business entity, charitable organization, or governmental agency that constitutes malice, gross negligence, recklessness, or intentional misconduct;
(2)
The person, corporation, business entity, charitable organization, or governmental agency is the manufacturer of the fire control or fire rescue equipment; or
(3)
The person, corporation, business entity, charitable organization, or governmental agency modified or altered the fire control or fire rescue equipment after it had been recertified by an authorized technician as meeting the manufacturer's specifications.
(d)
As used in this section, "authorized technician" means a technician who has been certified by the manufacturer of fire control or fire rescue equipment to inspect such equipment. The technician need not be employed by a state or local governmental agency administering the distribution of the fire control or fire rescue equipment.
Acts 2004, ch. 863, § 2.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 2 - TORT LIABILITY (§§ 29-34-NEW — 29-34-214) › Section 29-34-207 - Liability for liquefied petroleum gas

(a)
As used in this section, unless the context otherwise requires:
(1)
"Liquefied petroleum gas equipment" means storage vessels, piping, liquefied petroleum gas appliances, or any other item that is installed by a liquefied petroleum gas provider; and
(2)
"Liquefied petroleum gas provider" means any person or entity engaged in the business of supplying, handling, transporting, or selling at retail liquefied petroleum gas in this state.
(b)
A liquefied petroleum gas provider shall be immune from civil liability, if the proximate cause of the injury or damages was caused by:
(1)
An alteration, modification, or repair of liquefied petroleum gas equipment that could not have been discovered by the liquefied petroleum gas provider in the exercise of reasonable care; or
(2)
The use of liquefied petroleum gas equipment in a manner or for a purpose other than that for which the liquefied petroleum gas equipment was intended to be used or could reasonably have been foreseen; provided, that the liquefied petroleum gas provider or the manufacturer of the liquefied petroleum gas equipment has taken reasonable steps to warn the ultimate consumer of the hazards associated with foreseeable misuses of the liquefied petroleum equipment.
(c)
Nothing in this section shall be construed as affecting, modifying, or eliminating the liability of a manufacturer of liquefied petroleum gas equipment or its employees under any legal claim, including, but not limited to, product liability claims.
(d)
No defendant may allege or prove that a person or entity caused or contributed to causing a plaintiff's injuries, death, or other losses, unless the plaintiff could have maintained an action against the person.
Acts 2006, ch. 759, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 2 - TORT LIABILITY (§§ 29-34-NEW — 29-34-214) › Section 29-34-208 - Liability of possessor of real property for harm to trespasser

(a)
As used in this section:
(1)
"Possessor of real property" means the owner, lessee, renter, or other lawful occupant of real property; and
(2)
"Trespasser" means a person who enters or remains on the real property of another without actual or implied permission, or a person who engages in conduct that constitutes a criminal trespass offense under §§
39-14-405
- 39-14-407.
(b)
A possessor of real property owes no duty of care to a trespasser except to refrain from willfully, with negligence so gross as to amount to willfully, intentionally, or wantonly causing injury; provided, however, that a possessor of real property may willfully, with negligence so gross as to amount to willfully, or intentionally cause injury to a trespasser or use force to prevent or terminate a trespass or criminal offense as permitted at common law, under §§
39-11-611
- 39-11-616, and under §
29-34-201
.
(c)
Notwithstanding subsection (b), a possessor of real property is subject to liability for physical injury or death to a child trespasser if:
(1)
The possessor maintained a dangerous condition that was not a natural condition and the possessor knew or should have known the condition posed a risk of death or serious bodily harm to trespassing children;
(2)
The possessor knew or should have known children were likely to trespass onto the property, either because they would be lured there by the dangerous condition or because children regularly use the property as a playground;
(3)
The dangerous condition was not apparent, or children, because of their youth, would be unlikely to discover and comprehend the risk;
(4)
The usefulness to the possessor of maintaining the dangerous condition and the burden of eliminating the danger were significantly outweighed by the risk of harm to children who would foreseeably trespass onto the property; and
(5)
The possessor failed to use reasonable care to eliminate the danger or otherwise protect the children.
(d)
This section shall not be construed to create or increase the liability of any possessor of real property or to affect any immunities from or defenses to liability established by another section of the code or available at common law to which a possessor of real property may be entitled.
Acts 2012 , ch. 922, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 2 - TORT LIABILITY (§§ 29-34-NEW — 29-34-214) › Section 29-34-209 - Immunity for forcible entry of a motor vehicle to remove minor or animal

(a)
A person whose conduct conforms to the requirements of subsection (b) shall be immune from civil liability for any damage resulting from the forcible entry of a motor vehicle for the purpose of removing a minor or an animal from the vehicle.
(b)
Subsection (a) applies if the person:
(1)
Determines the vehicle is locked or there is otherwise no reasonable method for the minor or animal to exit the vehicle;
(2)
Has a good faith belief that forcible entry into the vehicle is necessary because the minor or animal is in imminent danger of suffering harm if not immediately removed from the vehicle and, based upon the circumstances known to the person at the time, the belief is a reasonable one;
(3)
Has contacted either the local law enforcement agency, the fire department, or a 911 operator prior to forcibly entering the vehicle;
(4)
Places a notice on the vehicle's windshield with the person's contact information, the reason the entry was made, the location of the minor or animal, and the fact that the authorities have been notified;
(5)
Remains with the minor or animal in a safe location, out of the elements but reasonably close to the vehicle, until law enforcement, fire, or another emergency responder arrives; and
(6)
Used no more force to enter the vehicle and remove the child or animal from the vehicle than was necessary under the circumstances.
(c)
Nothing in this section shall affect the person's civil liability if the person attempts to render aid to the minor or animal in addition to what is authorized by this section.
Amended by 2015 Tenn. Acts, ch. 166,s 1, eff. 7/1/2015.
Added by 2014 Tenn. Acts, ch. 788,s 1, eff. 7/1/2014.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 2 - TORT LIABILITY (§§ 29-34-NEW — 29-34-214) › Section 29-34-210 - Protection of Volunteer - Insured Drivers of the Elderly (PROVIDE)

(a)
As used in this section:
(1)
"Charitable organization" means any charitable unit of a religious or civic group exempt from taxation under
26 U.S.C. § 501
, including those supported wholly or partially by private donations;
(2)
"Human service agency" means any human service unit, clinic, senior citizens program, congregate meal center, or day care center for the elderly, whether supported wholly or partially by public funds;
(3)
"Volunteer" means an individual providing volunteer transportation who may receive reimbursement for actual expenses or an allowance to defray expenses of operating the vehicle used to provide transportation services, but does not receive compensation for the person's time; and
(4)
"Volunteer transportation" means motor vehicle transportation provided by a volunteer under the direction, sponsorship, or supervision of a human service agency or a charitable organization.
(b)
Any volunteer, who provides volunteer transportation for senior citizens through a charitable organization or human service agency, shall not be individually liable for any civil damages above the policy limits collectable from any policy of insurance that would be obligated to make payment on behalf of the volunteer or on behalf of a person or entity that would be vicariously liable for the volunteer's conduct when liability for civil damages is limited by this section for an injury to the senior citizen arising out of or resulting from the transportation if the volunteer was acting in good faith and within the scope of the volunteer's official actions and duties on behalf of the charitable organization or human service agency, unless the volunteer's conduct constitutes gross negligence or willful and wanton misconduct; provided, that the charitable organization or human service agency is liable for damages and maintains liability insurance coverage at least equal to the minimum limits set forth in §
29-20-403
of the Tennessee Governmental Tort Liability Act.
Added by 2015 Tenn. Acts, ch. 152, s 2, eff. 7/1/2015.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 2 - TORT LIABILITY (§§ 29-34-NEW — 29-34-214) › Section 29-34-211 - Liability for unlicensed psychotherapy treatment of mental health disorder - Exemptions

(a)
For the purposes of this section:
(1)
"Mental health disorder" means a serious psychological condition, including, but not limited to, major depressive disorder, anxiety disorder, psychosis, bipolar disorder, personality disorder, and post-traumatic stress disorder, or any disorder found in the most current edition of the Diagnostic and Statistical Manual of Mental Disorders; and
(2)
"Psychotherapy" means an intervention for a mental health disorder by a licensed mental health professional.
(b)
(1)
A consumer is entitled to care from a competently qualified person when receiving care for a mental health disorder.
(2)
A license is required under title 63 for a person to competently treat a mental health disorder. An unlicensed person is not competent to provide services that fall within any scope of practice for which a license is required under title 63 for treatment of a mental health disorder, and such treatment is illegal.
(c)
(1)
An unlicensed person may be civilly liable to the client if the unlicensed person knowingly offered psychotherapy services to treat a mental health disorder without being licensed as a mental health provider.
(2)
The client may maintain an action to recover damages for the unlicensed psychotherapy treatment of a mental health disorder, including consideration paid to the unlicensed person, costs in recovering consideration paid, and reasonable attorney's fees as determined by the court.
(d)
The following persons are exempt from this section:
(1)
Clergy who are not being compensated on a fee-for-service basis;
(2)
Students and practitioners in training when the student or practitioner is under the lawful supervision of a licensed healthcare professional;
(3)
Persons holding a license under title 63 when acting within the lawful scope of practice;
(4)
An unlicensed person operating under the supervision of a person holding a license under title 63, providing counseling or therapy services in a correctional facility;
(5)
Any service provider at a homeless shelter, licensed behavioral health residential facility, hospital, or any state-operated agency or facility;
(6)
State-contracted mobile crisis responders;
(7)
An unlicensed person operating under the supervision of a person holding a license under title 63 providing counseling or therapy services in a community mental health center; and
(8)
Any person providing peer counseling or social services not on a fee-for-service basis.
(e)
This section does not expand or restrict the scope of practice for any person holding a license under title 63.
Added by 2019 Tenn. Acts, ch. 359, s 1, eff. 7/1/2019.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 2 - TORT LIABILITY (§§ 29-34-NEW — 29-34-214) › Section 29-34-212 - No cause of action for wrongful birth or wrongful life

(a)
There is no cause of action for wrongful birth on behalf of any person based on a claim that, but for an act or omission of the defendant, a person once conceived would not or should not have been born.
(b)
There is no cause of action for wrongful life on behalf of any person based on a claim that, but for an act or omission of the defendant, the person would not have been conceived or, once conceived, would or should have been aborted.
(c)
For the purposes of this section, a person is deemed to be conceived at the moment of fertilization, as that term is defined in §
39-15-213
.
Added by 2021 Tenn. Acts, ch. 379, s 1, eff. 5/11/2021.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 2 - TORT LIABILITY (§§ 29-34-NEW — 29-34-214) › Section 29-34-213 - Liability of charitable organizations

(a)
As used in this section:
(1)
"Charitable organization" means a charitable unit of a religious or civic group that is exempt from taxation under
26 U.S.C. § 501
, including those supported wholly or partially by private donations and registered with the secretary of state; and
(2)
"Services" means:
(A)
Providing food;
(B)
Providing housing; or
(C)
Providing shelter from adverse weather, including, but not limited to, allowing persons to enter the premises for purposes of temporary shelter from severe storms.
(b)
A charitable organization providing services to the community is not liable for a loss, damages, injury, or death that results from providing services, unless the charitable organization's conduct in providing services constitutes gross negligence or willful and wanton misconduct.
Amended by 2023 Tenn. Acts, ch. 140,s 1, eff. 4/6/2023.
Added by 2022 Tenn. Acts, ch. 805, s 1, eff. 7/1/2022.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 2 - TORT LIABILITY (§§ 29-34-NEW — 29-34-214) › Section 29-34-214 - Liability of adoption facilitator

(a)
For purposes of this part, "adoption facilitation claim" means any claim for damages, losses, indemnification, contribution, or other relief against an adoption facilitator arising out of, based on, or in any way related to the adoption or prospective adoption of a child.
(b)
Adoptive parents or prospective adoptive parents who have provided compensation, whether directly or indirectly, to an adoption facilitator as defined in §
36-1-102
, may bring a civil action alleging an adoption facilitation claim against such adoption facilitator who acted in violation of title 36, chapter 1, or title 71, chapter 3, part 5.
(c)
A person who brings a successful claim for adoption facilitation under this section may recover:
(1)
Compensatory damages, including, but not limited to, noneconomic damages, as defined in §
29-39-101(2)
;
(2)
Punitive damages, as provided in §
29-39-104
, if appropriate; and
(3)
Liquidated damages of no less than twice the total amount paid to the adoption facilitator. Liquidated damages must be awarded on a per-child basis for each child who is adopted in violation of state law.
(d)
A claim or judgment entered against an adoption facilitator under this section does not affect the finalization of a pending adoption and must not be used to set aside a final order of adoption.
Added by 2023 Tenn. Acts, ch. 361, s 5, eff. 7/1/2023.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 3 - SILICA CLAIMS PRIORITIES ACT (§§ 29-34-301 — 29-34-309) › Section 29-34-301 - Short title

This part shall be known and may be cited as the "Silica Claims Priorities Act."
Acts 2006, ch. 728, § 2.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 3 - SILICA CLAIMS PRIORITIES ACT (§§ 29-34-301 — 29-34-309) › Section 29-34-302 - Legislative findings - Purpose

(a)
Silica is a naturally occurring mineral and is the second most common constituent of the earth's crust.
(b)
Silica-related disease, including silicosis, can occur when silica is inhaled. To be inhaled, silica particles must be sufficiently small to be respirable.
(c)
Silicosis was recognized as an occupational disease many years ago. The American Foundry Society has distributed literature to its members warning of the dangers of silica exposure for more than seventy (70) years. By the 1930s, the federal government had launched a silica awareness campaign that led to greater protection for workers exposed to silica dust.
(d)
The legislature finds that the public interest requires giving priority to the claims of exposed individuals who are sick, in order to help preserve, now and for the future, access to our court system for those who develop silica-related disease and to safeguard the jobs, benefits, and savings of workers in Tennessee.
(e)
It is the purpose of this part to:
(1)
Give priority to silica claimants who can demonstrate actual physical impairment caused by exposure to silica;
(2)
Fully preserve the rights of claimants who were exposed to silica to pursue compensation, should they become impaired in the future as a result of exposure;
(3)
Enhance the ability of the judicial system to supervise and control silica litigation; and
(4)
Provide access to the court system for those who are actually physically impaired by exposure to silica, while securing the right to similar access for those who may suffer physical impairment in the future.
Acts 2006, ch. 728, § 3.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 3 - SILICA CLAIMS PRIORITIES ACT (§§ 29-34-301 — 29-34-309) › Section 29-34-305 - Report of supporting evidence making out prima facie case - Dismissal without prejudice on the basis of minimum prima facie - Move to reinstate case - Effect of court's findings and decision on prima facie showing - Jury as trier of fact

(a)
The plaintiff in any civil action, alleging a silica claim or a mixed dust disease claim, shall file, within one hundred and twenty (120) days after filing the complaint, a written report by a competent medical authority, and any supporting evidence, making out the applicable prima facie case described in §
29-34-304
. Any defendant shall have one hundred and twenty (120) days from the filing of the plaintiff's proffered prima facie evidence to challenge the adequacy of the proffered prima facie evidence for failure to comply with the minimum applicable requirements specified in §
29-34-304
.
(b)
If the court finds that no genuine issue of material fact exists with respect to plaintiff's failure to make out a prima facie case as described in §
29-34-304
, the court shall dismiss the plaintiff's claim without prejudice as a matter of law. The court shall maintain its jurisdiction over any case that is so dismissed without prejudice. Any plaintiff whose case has been so dismissed without prejudice may move at any time to reinstate the plaintiff's case, upon a renewed prima facie showing that meets the applicable minimum requirements specified in §
29-34-304
.
(c)
(1)
The court's findings and decision on the prima facie showing shall not:
(A)
Result in any presumption at trial that the exposed person has a physical impairment that is caused by silica or mixed dust exposure;
(B)
Be conclusive as to the liability of any defendant in the case; or
(C)
Be admissible at trial.
(2)
If the trier of fact is a jury:
(A)
The court shall not instruct the jury with respect to the court's findings or decision on the prima facie showing; and
(B)
Neither counsel for any party nor a witness shall inform the jurors or potential jurors of the prima facie showing.
Acts 2006, ch. 728, § 6.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 3 - SILICA CLAIMS PRIORITIES ACT (§§ 29-34-301 — 29-34-309) › Section 29-34-306 - Limitations - Consolidation

(a)
Notwithstanding any other law, with respect to any silica claim or mixed dust disease claim that is not barred as of July 1, 2006, the period of limitations shall not begin to run until the exposed person discovers, or through the exercise of reasonable diligence should have discovered, that the person has a physical impairment resulting from silica or mixed dust exposure.
(b)
A court may consolidate for trial any number and type of silica or mixed dust disease claims only with the consent of all of the parties. In the absence of such consent, a court may consolidate for trial any claims relating to the exposed person and members of the person's household.
Acts 2006, ch. 728, § 7.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 3 - SILICA CLAIMS PRIORITIES ACT (§§ 29-34-301 — 29-34-309) › Section 29-34-307 - Claims against premises owner - Presumptions

The following shall apply to all civil actions for silica or mixed dust disease claims brought against a premises owner to recover damages or other relief for exposure to silica or mixed dust on the premises owner's property:
(1)
A premises owner is not liable for any injury to any individual resulting from silica or mixed dust exposure, unless that individual's alleged exposure occurred while the individual was on the premises owner's property;
(2)
If exposure to silica or mixed dust is alleged to have occurred after January 1, 1972, it is presumed that products containing silica or mixed dust used on the premises owner's property contained silica or mixed dust only at levels below safe levels of exposure. To rebut this presumption, the plaintiff must prove by a preponderance of the evidence that the levels of silica or mixed dust in the immediate breathing zone of the plaintiff regularly exceeded the threshold limit values adopted by this state; and
(3)
(A)
A premises owner is presumed to be not liable for any injury to any invitee who was engaged to work with, install, or remove products containing silica or mixed dust on the premises owner's property, if the invitee's employer held itself out as qualified to perform the work. To rebut this presumption, the plaintiff must demonstrate by a preponderance of the evidence that the premises owner had actual knowledge of the potential dangers of the products containing silica or mixed dust at the time of the alleged exposure that was superior to the knowledge of both the invitee and the invitee's employer;
(B)
A premises owner that hired a contractor before January 1, 1972, to perform the type of work at the premises owner's property that the contractor was qualified to perform shall not be liable for any injury to any individual resulting from silica or mixed dust exposure caused by any of the contractor's employees or agents on the premises owner's property, unless the premises owner directed the activity that resulted in the injury or approved the critical acts that led to the individual's injury;
(C)
If exposure to silica or mixed dust is alleged to have occurred after January 1, 1972, a premises owner is not liable for any injury to any individual resulting from that exposure caused by a contractor's employee or agent on the premises owner's property, unless the plaintiff establishes the premises owner's intentional violation of an established safety standard in effect at the time of the exposure, and that the alleged violation was in the plaintiff's immediate breathing zone and was the proximate cause of the plaintiff's injury.
Acts 2006, ch. 728, § 8.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 3 - SILICA CLAIMS PRIORITIES ACT (§§ 29-34-301 — 29-34-309) › Section 29-34-308 - Claims arising in Tennessee - Severance of actions - Venue

(a)
No civil action alleging a silica claim or mixed dust disease claim may be filed in the courts of Tennessee after July 1, 2006, unless the plaintiff was a resident of Tennessee at the time the claim arose or the plaintiff's claim arose in Tennessee. For purposes of this part, a claim arises in Tennessee if the plaintiff was located in Tennessee at the time the plaintiff alleges to have been exposed to silica or mixed dust.
(b)
To comply with this section in relation to an action that involves both claims that arose in this state and claims that arose outside this state, a court shall consider each claim individually and shall sever from the action the claims that are subject to this part.
(c)
A civil action under this part may be filed only in the venue where the plaintiff resides, or was exposed to silica, mixed dust, or both, that was a substantial contributing factor to the physical impairment on which plaintiff's claim is based. If a plaintiff alleges that the plaintiff was exposed to silica, mixed dust, or both, in more than one (1) venue, the court shall determine, upon motion of any defendant found outside the venue in which the tort action is pending, which venue is the most appropriate forum for the claim, considering the relative amounts and lengths of the plaintiff's exposure to silica or mixed dust in each venue.
Acts 2006, ch. 728, § 9.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 3 - SILICA CLAIMS PRIORITIES ACT (§§ 29-34-301 — 29-34-309) › Section 29-34-309 - Application

This part shall apply to all civil actions that allege a silica or mixed dust disease claim that are filed on or after July 1, 2006.
Acts 2006, ch. 728, § 10.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 4 - OPERATORS OF ICE SKATING RINKS (§§ 29-34-401 — 29-34-405) › Section 29-34-401 - Part definitions

For purposes of this part:
(1)
"Ice skating rink" means a facility that is designed for ice skating and that is used by the public for recreational or competitive ice skating;
(2)
"Operator" mean a person who owns, controls, or has operational responsibility for an ice skating facility, or the agent of that person; and
(3)
"Spectator" means an individual who is present at an ice skating rink to observe ice skating.
Acts 2012, ch. 983, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 4 - OPERATORS OF ICE SKATING RINKS (§§ 29-34-401 — 29-34-405) › Section 29-34-402 - Limits on liability of operators - Assumption of risk by ice skaters and spectators

(a)
An operator shall not be liable for damage or injuries to an ice skater or spectator where the operator complies with the requirements of §
29-34-403
.
(b)
A person who participates as an ice skater at an ice skating rink operated in accordance with the requirements of §
29-34-403
assumes the risk of injury or damage that may occur as a result of that participation and shall comply with the requirements of §
29-34-404
.
(c)
A spectator at an ice skating rink operated in accordance with the requirements of §
29-34-403
assumes the risk of injury or damage that may occur as a result of being a spectator and shall comply with the requirements of §
29-34-404
.
Acts 2012 , ch. 983, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 4 - OPERATORS OF ICE SKATING RINKS (§§ 29-34-401 — 29-34-405) › Section 29-34-403 - Duties of operators

(a)
An operator shall:
(1)
Provide at least one (1) individual to act as a rink monitor for approximately every two hundred (200) skaters at any given time that ice skating is open to the public;
(2)
Conduct periodic inspections of the ice, skating equipment and all other equipment in a manner that will ensure a safe operating condition;
(3)
Comply with all guidelines for ice skating rinks endorsed or recommended by the Ice Skating Institute;
(4)
Post duties and expectations of skaters and spectators as prescribed by this chapter in conspicuous places;
(5)
Maintain liability insurance coverage of at least one million dollars ($1,000,000) per single limit for personal injury death or property damage; and
(6)
Maintain accurate records and daily logs for the ice skating facility.
(b)
The rink monitor shall:
(1)
Wear appropriate attire as to identify the individual as a rink monitor;
(2)
Direct and supervise skaters and spectators;
(3)
Watch for and remove in a timely manner any foreign objects that may have fallen off the ice surface; and
(4)
Inspect and maintain, or request maintenance of, the ice surface, floors, railings, boards, and walls surrounding the surface in a manner that will ensure the good condition of those areas.
Acts 2012, ch. 983, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 4 - OPERATORS OF ICE SKATING RINKS (§§ 29-34-401 — 29-34-405) › Section 29-34-404 - Duties of ice skaters - Compliance with signs or warnings by spectators

(a)
Skaters in an ice skating rink shall:
(1)
Comply with all posted signs and warnings that relate to the skater's behavior while participating in ice skating at the ice skating rink;
(2)
Obey all instructions or warnings given by the rink monitor, rink personnel or rink operator;
(3)
Maintain reasonable control over skate speed and direction at all times;
(4)
Be aware that there are other skaters and objects on the ice surface and take reasonable care to avoid collision with those skaters or objects; and
(5)
Be aware that ability and skill levels of ice skaters vary and each individual must take reasonable care to ice skate within the individual's personal abilities.
(b)
Ice skaters shall not act in a manner that may cause injury or damage to others or their property.
(c)
Spectators shall comply with each posted sign or warning that relates to the behavior of the spectator.
Acts 2012 , ch. 983, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 4 - OPERATORS OF ICE SKATING RINKS (§§ 29-34-401 — 29-34-405) › Section 29-34-405 - No limits on liability between skaters and spectators or on operators who engage in gross negligence or willful and wanton conduct

(a)
This part shall not limit the liability of one (1) ice skater or spectator to another ice skater or spectator.
(b)
This part shall not apply where an operator engages in behavior that amounts to gross negligence, or willful or wanton conduct.
Acts 2012, ch. 983, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 34 - TORTS (§§ 29-34-101 — 29-34-802) › Part 5 - SUCCESSOR CORPORATION ASBESTOS-RELATED LIABILITY FAIRNESS ACT (§§ 29-34-501 — 29-34-507) › Section 29-34-501 - Short title

This part shall be known and may be cited as the "Successor Corporation Asbestos-Related Liability Fairness Act."
Added by 2013 Tenn. Acts, ch. 246,s 2, eff. 7/1/2013.