Sidewalk and Public Property Falls in Tennessee
Who is responsible for a fall on a broken sidewalk in Tennessee, the short deadline to file a notice of claim against a city or county, and limits on damages.
Short answer: For public sidewalks, Tennessee's Governmental Tort Liability Act removes a local government's immunity for injuries caused by a defective, unsafe or dangerous condition of a street, alley, sidewalk or highway that the government owns and controls. Tenn. Code Ann. § 29-20-203(a), (b)
| Sidewalk falls: who is responsible | For public sidewalks, Tennessee's Governmental Tort Liability Act removes a local government's immunity for injuries caused by a defective, unsafe or dangerous condition of a street, alley, sidewalk or highway that the government owns and controls. The injured person must allege and prove that the government had actual and/or constructive notice of the condition. This section does not address the liability of the owner of the property next to the sidewalk. Read on codes.findlaw.com (a public copy of the official code); check against the official code. The FindLaw page says it is current as of January 2, 2024. |
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| Claims against a city or county | Claims against cities, counties and other local governments fall under the Governmental Tort Liability Act. A lawsuit must be started within 12 months after the cause of action arises and is brought in circuit court (in counties over 850,000 people it may also be brought in general sessions court). For claims arising on or after July 1, 2007, the Act's liability limits are $300,000 for bodily injury or death of one person, $700,000 for all persons in one accident or occurrence, and $100,000 for property damage. Claims against the State of Tennessee go to the Tennessee Claims Commission under separate rules. Read on codes.findlaw.com (a public copy of the official code); check against the official code. The FindLaw page says it is current as of January 2, 2024. Section 29-20-203(b) refers to a 'procedural notice required by § 29-20-302'; that section was not read, so no written notice-of-claim deadline is stated here. |
| Suing the government | Local governments: under the Governmental Tort Liability Act, a lawsuit must be filed within 12 months after the cause of action arises. For actions arising on or after July 1, 2007, the required liability limits are $300,000 for bodily injury or death of one person, $700,000 for all persons in one accident or occurrence, and $100,000 for property damage. Claims against the State of Tennessee go through the Tennessee Claims Commission under separate rules. Liability limits: https://codes.findlaw.com/tn/title-29-remedies-and-special-proceedings/tn-code-sect-29-20-403/ |
| Deadline to sue for an injury | One year after the cause of action accrues for injuries to the person. The deadline is two years if criminal charges are brought against the person who caused the injury (or the conduct is the subject of a criminal prosecution started within one year), and the injured person sues the person prosecuted. Source: Tenn. Code Ann. § 28-3-104(a) |
More Tennessee personal injury & wrongful death
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- Wrongful Death Lawsuits in Tennessee
- Medical Malpractice Rules in Tennessee
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FAQ
Who is liable if you trip and fall on a sidewalk in Tennessee?
For public sidewalks, Tennessee's Governmental Tort Liability Act removes a local government's immunity for injuries caused by a defective, unsafe or dangerous condition of a street, alley, sidewalk or highway that the government owns and controls. The injured person must allege and prove that the government had actual and/or constructive notice of the condition. This section does not address the liability of the owner of the property next to the sidewalk.
How long do you have to file a claim against a city or county in Tennessee?
Claims against cities, counties and other local governments fall under the Governmental Tort Liability Act. A lawsuit must be started within 12 months after the cause of action arises and is brought in circuit court (in counties over 850,000 people it may also be brought in general sessions court). For claims arising on or after July 1, 2007, the Act's liability limits are $300,000 for bodily injury or death of one person, $700,000 for all persons in one accident or occurrence, and $100,000 for property damage. Claims against the State of Tennessee go to the Tennessee Claims Commission under separate rules.
How do you file an injury claim against the government in Tennessee?
Local governments: under the Governmental Tort Liability Act, a lawsuit must be filed within 12 months after the cause of action arises. For actions arising on or after July 1, 2007, the required liability limits are $300,000 for bodily injury or death of one person, $700,000 for all persons in one accident or occurrence, and $100,000 for property damage. Claims against the State of Tennessee go through the Tennessee Claims Commission under separate rules.
What is the statute of limitations for personal injury in Tennessee?
One year after the cause of action accrues for injuries to the person. The deadline is two years if criminal charges are brought against the person who caused the injury (or the conduct is the subject of a criminal prosecution started within one year), and the injured person sues the person prosecuted.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.