Posted On: March 27, 2009 by Baker Associates

Tennessee Claims Commission and Negligence by State Employees

As citizens of the state of Tennessee, we expect state officials to drive safely, to construct and maintain safe streets, and to remove dangerous conditions. To enforce these expectations (or duties), the Tennessee State Legislature created the Claims Commission in 1984 to allow members of the public to sue the State for damages caused by the negligence of its employees.

A person can bring a negligence claim before the Claims Commission only if the injury was caused by the negligent acts of a state employee (or agency). A state employee means any person who is a state official or any person who is employed in the service of the state.

Under the Claims Commission Act, the state of Tennessee is liable in the same way as a private person or business. Specifically, the State is liable for the following negligent acts:

  • Tennessee car accidents involving the negligence of an operator of a state vehicle;
  • Nuisances created or maintained by the state. In the law, a nuisance is the use of property that interferes with the legal rights of others by causing damage, annoyance, or inconvenience.
  • Negligent creation or maintenance of dangerous conditions.
  • Legal or Tennessee medical malpractice by a state employee.
  • Negligent care, custody and control of persons, personal property, or animals.
  • Negligent construction of state sidewalks and buildings.
  • Negligent construction, inspection, and maintenance of public roads and highway designated by TDOT as being on the state system of highways.

If you have been injured because of the negligent driving of a state official, negligent road design, or other dangerous condition created by a state employee or agency, help keep Tennessee safe by learning more about your rights. The top Tennessee personal injury attorneys at Baker Associates can help. Call today for a free consultation.

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