How does comparative fault work in Tennessee?

Question

Accepted Answer

1. Negligence Elements.   Tennessee negligence requires duty, breach, cause-in-fact, proximate cause, and damages ( McClenahan v. Cooley , 806 S.W.2d 767). Foreseeability informs duty and proximate cause.    2. Comparative Fault Regime.   Tennessee adopted modified comparative fault in   McIntyre v. Balentine  , 833 S.W.2d 52 (Tenn. 1992): "a plaintiff may recover so long as plaintiff's negligence remains less than the defendant's negligence." A plaintiff 50% or more at fault is barred — a   50% bar   (stricter than the common 51% rule). Damages are reduced proportionally if recovery permitted.    3. Joint and Several Liability.    McIntyre  abolished joint and several liability in Tennessee. Each defendant is severally liable for its allocated percentage. Codified at   T.C.A. § 29-11-107  . Fault may be attributed to nonparties identified under  Brown v. Wal-Mart Stores , 12 S.W.3d 785.    4. Last Clear Chance / Sudden Emergency.    McIntyre  subsumed last clear chance into comparative fault. Sudden emergency remains as T.P.I. — Civil 3.71.    5. Settling Tortfeasors.   Under  Bervoets v. Harde Ralls Pontiac-Olds , 891 S.W.2d 905, settling tortfeasors are included on the verdict form for fault allocation; plaintiff's recovery against remaining defendants is reduced by settled parties' percentages.    6. Statute of Repose vs SOL.   Personal injury SOL is 1 year (T.C.A. § 28-3-104) — among the shortest in the country. Med-mal SOL is 1 year with 3-year repose (§ 29-26-116). Construction repose is 4 years (§ 28-3-202). Product liability repose is 10 years (§ 29-28-103).    7. Caps.     T.C.A. § 29-39-102   caps noneconomic damages at   $750,000 per claimant  , raised to   $1,000,000   for catastrophic loss (spinal cord paralysis, amputation, severe burns, wrongful death of parent with minor children). Punitive damages capped at greater of 2× compensatory or $500,000 under § 29-39-104. (Note: Tennessee Court of Appeals upheld caps; Tennessee Supreme Court's  McClay v. Airport Mgmt. Servs.  certified question is relevant.)    8. Wrongful Death Comparative.   T.C.A. § 20-5-106 wrongful death applies comparative fault; decedent's fault reduces or bars recovery.    9. Worker Injuries.   T.C.A. § 50-6-108 WC exclusivity. Third-party suits apply  McIntyre  comparative fault.  This is legal information, not legal advice.