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Tennessee

Negligence Doctrine: Modified Comparative Negligence – 50 Percent Bar

Circuit # 6

Med Pay Subrogation - Yes

PIP Subrogation - No


Statute of Limitations

Statute of Repose: Products 10 years
Statute of Repose: Real Property 4 years
Breach of Contract (Written) 6 years
Personal Property 3 years
Personal Injury 1 years
Warranty 4 years

ABLE TO PURSUE OWNER

Sue Owner for Negligence - YES

Suspend Owner's License - YES


Deductible Reimbursement

Undecided/ Pro Rata Default
No applicable statute, Administrative Code provision or case law exists
 


Garnishment

YES
(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)
 

A debtor may obtain relief from garnishment by filing a “slow pay” motion, supported by an affidavit of his or her existing debts; While no specific statutory provision so requires, most judges require that a debtor pay an amount sufficient to pay post-judgment interest and some portion of the principal; A debtor’s wages may be attached before judgment is rendered if the debtor attempts to evade service of process
 


Parental Responsibility

Minor (Under 18)
Dollar Limit on Parents’ Liability: $10,000 unless propensity to commit injurious acts
Liability imposed when child willfully or maliciously injures person or property; Cap on damages does not apply when parent knows, or should know, of child’s propensity to commit injurious acts
 


Subrogation by Landlord's Carrier against Tenant

No, unless lease clearly allows for subrogation


State Specific Information: Subrogation laws and trends are constantly changing. Maybank & Owings, LLC strives to keep the state specific information up to date with reference to applicable case law, statutory law and/or interpretations provided to it by its network of local attorneys for each jurisdiction. However, it is possible the information or citation(s) may become outdated or superseded by new law(s) for the applicable jurisdiction so all users of this site should formerly retain and consult with their own attorney as to any specific claim in the jurisdiction where the claim arose. The state specific information contained on this site should not be construed as legal advice by Maybank & Owings, LLC nor relied on for any specific claim or factual situation. If you have a specific subrogation question or if you notice an error in the information provided on this site, please contact us.

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