Tennessee Tort Liability Suits Involving Governmental Entities
Under the Tennessee Governmental Tort Liability Act (TGTLA), governmental entities are potentially liable for certain types of negligent acts committed by municipal employees. Under the Tennessee Code, a “governmental entity” is basically any political subdivision of the state of Tennessee. Thus, cities, counties, local school districts, public building authorities, volunteer fire departments, commissions, and the like are potentially liable for Tennessee personal injury claims.
While the Claims Commission Act removes immunity for certain acts committed by Tennessee state employees, the TGTLA grants immunity for certain forms of municipal action that results in personal injury. Municipalities typically will claim TGTLA immunity when an injury results from the exercise and discharge of official governmental functions, such as when an officer decides to engage in a high-speed police chase in which innocent bystanders are injured as a result of pursuit. The purpose behind the immunity defense is to prevent municipal officers from acting too carefully for fear of being sued.
As you might imagine, there are exceptions to TGTLA immunity. As the Tennessee Legislature has recognized, sometimes it simply isn’t fair to deny compensation for victims of negligent governmental action.
Typically, governmental immunity is removed under these conditions:
• Negligent operation by any employee of a motor vehicle or other equipment leading to motor vehicle accidents in Tennessee.
• Injuries caused by a defective, unsafe, or dangerous condition of any street, alley, sidewalk or highway, owned and controlled by a governmental entity.
• Injuries caused by the dangerous or defective condition of any public building, structure, dam, reservoir or other public improvement owned and controlled by a governmental entity.
While many assume commissioners, fireman, school officials, utility workers and the like are immune from suit, the fact is they are not. The Legislature has carved out very important exceptions that allow Tennessee citizens to be compensated for personal injuries that result from Tennessee governmental negligence. If you have been so injured, call the skilled Tennessee personal injury attorneys at Baker Associates today for a free consultation.
