April 14, 2016 In Civil Litigation, Personal Injury, Uncategorized

Swimming Pool Injury and Drowning Cases in TN

Swimming pool injury cases are serious.

One of the most heartbreaking cases I have ever handled involved the accidental drowning death of a teenage boy. The parents of the young drowning victim grappled with death of their son at what started out as a fun swimming party with friends. The owner of the pool and the other party guests felt enormous grief, but at the same time, they did not know what they could have done differently. While the case was eventually settled, everyone involved was devastated, and the effects of the young man’s death were far-reaching. I will never forget the emotions of all of the parties and witnesses involved in that case.

Most people have no idea just how dangerous a swimming pool can be. Drowning and other swimming pool injuries happen quickly and quietly. Look at these statistics from the CDC:

Drowning Statistics

Every day, about 10 people die from drowning.
About 1 in 5 of those are kids 14 and under.
Nearly 80% of drowning victims are male.
Children ages 1-4 have the highest drowning rates. Among children ages 1-4, most drownings occur in home swimming pools.
The drowning rate for African Americans is significantly higher across all ages. The disparity is widest among children ages 5-14.

Pool Drains Can Be Deadly

Drowning isn’t the only swimming pool safety concern. Pool drains can also cause significant injuries and death. In fact, there is federal legislation governing public pool drains because of the serious risk of harm and death. The legislation is known as the Virginia Graeme Baker Pool & Spa Safety Act and it is named after a young girl who drowned after she was trapped under water by suction from a hot tub drain. The suction from the drain was so strong that her mother tried to pull her from the drain but could not. The two men who eventually freed the girl pulled so hard that the drain cover broke from the force. The little girl died from drowning, but the real cause of her death was suction entrapment due to a faulty drain cover.

What to Do After a Swimming Pool Injury or Drowning

If you or a loved one has been injured in a swimming pool or hot tub, you may be entitled to compensation for your damages. Here are some pointers about what to do:

Take photos of the scene. Include the pool, equipment, fencing, gates, toys, surrounding area, etc. It is extremely important to document the scene of the injury or death before the pool owners make any changes.
Write down names, phone numbers, and addresses of any witnesses. If you decide to pursue a claim, your attorney will need to be able to contact and interview witnesses.
Talk with a Swimming Pool Injury Lawyer. An experienced lawyer can examine the facts of a case and advise you of your legal rights and options.

Legal Info on Drowning and Pool Injury Lawsuits

In Tennessee, swimming pool owners have a duty to exercise reasonable care for the safety of persons using or accessing a swimming pool, hot tub, or spa. If a swimming pool owner is negligent, or fails to act with reasonable care, and a person drowns or is injured as a result, the pool owner will be liable for damages.

Every case is unique. Outcomes and liability assessments depend on the specific facts involved. A swimming pool injury lawyer will be able to talk with you about the circumstances under which the injury or drowning occurred and can give you the appropriate legal advice. Some of the factors that will influence the outcome of a Swimming Pool Injury or drowning case are:

Age of the victim
Swimming experience of the victim
How the victim entered the property
How the victim entered the pool
Time frames
Fencing around the property and/or pool
Condition of the pool water, i.e., was it murky or cloudy?
Gates and access mechanisms for entry to backyard or pool area
Characteristics of property, i.e., visibility from public areas, presence of toys.
Safety equipment available
Type of supervision provided
Involvement of alcohol
Type of pool drain and other maintenance equipment
Whether the pool was public or privately owned
Training of lifeguards and other staff
Notice to pool owners of dangers, access problems, or prior trespassing
Local ordinances and codes that apply to swimming pools

Examples of Tennessee Court Cases on Drowning

Case outcomes are dependent on the facts and the proof or lack thereof that is presented in Court by the trial lawyers for the parties. Below are just a couple of examples of Tennessee drowning cases, either one of which might have turned out another way had the facts been slightly different:

Harper v. Elliott (1999). Four year-old boy wandered onto the pool owners’ property and drowned in their pool. The owners had a 46 inch high wrought iron fence with vertical bars surrounding the pool and access was through 2 gates with simple latches. The pool had a diving board and a slide and there were colorful inflatable toys in and around the pool. The subject street was a busy four lane and the child lived a few doors down. He had left his home while his father was away on a job interview and his mother was asleep. There was no evidence of the route the child took, or how he entered the pool area. A police officer speculated that he squeezed between the bars of the fence, took off his clothes, and slid down the slide into the pool. There was no evidence of what the child could have seen from public spaces. The judge said that it was too much to say that the pool owners knew or should have known that children were likely to trespass on their property. In all the years since they built the pool, they had never known of a child coming onto their property uninvited. Also, the street at issue was a busy, four-lane street, making it highly improbable that a child small enough to fail to appreciate the danger of a swimming pool would be wandering alone in the neighborhood. The judge granted summary judgment in favor of the pool owners and the jury never heard the case. Harper v. Elliott, No. 01-A-01-9809-CV00503, 1999 WL 499737, at *1 (Tenn. Ct. App. July 16, 1999).

Toney v. Cunningham (1999). A 19 month-old baby girl drowned while attending a Memorial Day celebration. The child’s grandmother agreed to watch her while the mother worked and took her over to the home of the defendants for a party. The grandmother took the child to one of the bedrooms in the home for a nap and then went outside to watch some other guests play tennis. On 2-3 occasions, the grandmother checked on the child, each time finding that she was asleep. During the tennis match, a ball was hit over the fence. A party guest attempted to retrieve the ball and saw the child floating face down in the swimming pool. The child’s mother filed a wrongful death suit against the pool owners. The court granted summary judgment to the pool owners because it did not think that, under the facts of the case, that the particular injury experienced by the baby was foreseeable to the pool owners. This was because at the time of the accident, the baby was under the supervision of her grandmother. Additionally, the pool owners and several guests were on or near the tennis court when the accident occurred. From the tennis court, the swimming pool is easily visible. It was unlikely that the baby would open the back door, walk to the swimming pool, and fall in without being seen or heard. Also, the pool owners knew that the baby was in the care of her grandmother and had every right to believe and expect that the grandmother would supervise the child. Balancing the factors, the court granted summary judgment in favor of the owners, meaning the case was never heard by a jury. Toney v. Cunningham, No. 02A01-9801-CV-00005, 1999 WL 188291, at *5-6 (Tenn. Ct. App. Apr. 6, 1999).

We Handle Swimming Pool Injury and Drowning Lawsuits

We represent pool injury victims and the families of those who have lost loved ones due to accidental drowning. If you need a Swimming Pool Injury Lawyer or an Accidental Drowning Lawyer in the Memphis or Nashville area, please call us at 901-372-5003 or email us here. Our work is personal. Our clients become family. Either I or one of our other experienced attorneys will meet with you and provide a free consultation. We will examine the facts of your case and advise you on your legal rights and options.

By: Erin Melton Shea

Patterson Bray PLLC

8001 Centerview Parkway, Suite 103

Memphis, Tennessee 38018

(901) 372-5003 Office

(901) 383-6599 Fax

www.pattersonbray.com

April 6, 2016 In Auto Accident, Civil Litigation, Personal Injury

Why You Don’t Hear About Liability Insurance in a Jury Trial

Did you know that during most Tennessee state court jury trials, you will never hear the word “insurance?” That’s because 99% of the time, evidence of liability insurance is not admissible under the Tennessee Rules of Evidence.

Tennessee Rule of Evidence 411 provides that:

Evidence that a person was or was not insured against liability is not admissible upon issues of negligence or other wrongful conduct. This rule does not require the exclusion of evidence of insurance against liability when offered for another purpose, such as proof of agency, ownership, or control, or bias or prejudice of a witness.

Rationale

Rule 411 is based on the notion that disputes should be resolved based on the conduct of the people involved, not based on whether they have insurance.

Insurance Jury Instruction

Not everyone has insurance. Some people have some insurance, but not enough. Sometimes a person will have purchased an insurance policy only to find out that it won’t apply to pay damages in certain kinds of lawsuits. Sometimes the Judge will issue a jury instruction in Tennessee to help guard against improper consideration of insurance. When the instruction is used, the Judge tells the jury that:

[W]hether or not insurance exists has no bearing upon any issue in this case. You may not discuss insurance or speculate about insurance based on your general knowledge. There are sound reasons for this rule. A party is no more or less likely to be negligent because a party does or does not have insurance. Injuries and damages, if any, are not increased or decreased because a party does or does not have insurance.

Tennessee Pattern Jury Instruction – Civil 1.05.

Insurance Information Is Still Useful

Just because we can’t use evidence of insurance in jury trials doesn’t mean we can’t make good use of the information. Knowing whether parties are insured, and to what extent, helps us develop an efficient strategy for resolving a dispute, and it helps us give sound advice to our clients who are wondering if they should settle a claim or file a lawsuit.

Need help settling a claim with a liability insurance carrier?

We can help you. Patterson Bray has offices in Memphis and Nashville Tennessee. Call us at 901-372-5003 or email us here.

April 5, 2016 In Auto Accident, Civil Litigation, Personal Injury

It’s Prom Season: Liquor Liability for Allowing Minors to Drink Alcohol

What You Need to Know About Prom Season

Since it’s Prom Season, let’s talk about liquor liability for social hosts.

Let’s say you’re one of those parents who thinks, “teenagers are going to drink, so I’m going to allow my kids to drink in my home so they won’t do it somewhere else.” Your teenager asks you if he can have a “Prom After-Party” at your home with a few friends. You agree. You also agree that they can “drink a little.” You tell your son that no one will be allowed to drive.

Now consider this, let’s say your daughter was in a car accident on her way home from Starbucks after her Prom. Other than coffee, she hadn’t had a drop to drink. The other driver was an underage intoxicated teenage girl who had just left a “Prom After-Party” at a private home where alcohol was served. She disregarded the “no one is driving home” rule that the parents set for the evening.

So, what’s the law on parents who allow minors to drink in their homes?

Social Host Liquor Liability

In general, if you host a party and serve free alcohol to your guests, you’re not going to be liable if they become intoxicated and injure someone on the way home. Tennessee Liquor Liability statutes are designed to apply mainly to bars, restaurants, and liquor stores, so there’s a distinction between selling alcohol and otherwise providing it. Tenn. Code Ann. 57-10-102. However, as is usually the case, there are exceptions, meaning that even if you don’t sell alcohol, you could still become liable under certain circumstances.

Serving Alcohol to Minors

If you have a party at your home and serve alcohol to a minor who becomes intoxicated, you could be held liable if that minor causes injury or damage to a third person. You could even be liable if you don’t provide the alcohol, but you know the minors are drinking it. This is because, in some cases, the law considers an adult host to be in a “special relationship” with a minor guest, such that the adult host owes a duty to ensure the safety of the minor guest, as well as to keep the minor from driving while intoxicated.

Liquor Liability Law in Tennessee is Complex

It is important to contact an attorney as soon as possible if you have a potential Liquor Liability case. While underage drinking is certainly illegal, civil liability implications are extremely fact-intensive and liability varies from case to case.

Patterson Bray has offices in Memphis and Nashville TN. If you have a question about liquor liability, the Dram Shop Act, or social host laws in Tennessee, please call us at 901-372-5003 or email us here.

Example of a Liquor Liability Case Involving Minors

For an example of a liquor liability case involving minors and alcohol, read the Biscan v. Brown case.

March 24, 2016 In Auto Accident, Civil Litigation, Personal Injury, Uncategorized

Injured by a Drunk Driver?

The Sad Truth About Drunk Driving

Chances are, you either have been or will be the victim of a drunk driver in your lifetime. We know that intoxicated drivers cause personal injuries and deaths every day, but they also cause property damage. Even if you are not injured, your property may be. For example, drunk drivers often cause damage to other cars, houses, businesses, guardrails, signs, yards, and landscaping.

Drunk Driving Statistics

What are the odds that you have been or will be affected by a drunk or intoxicated driver? Take a look at these harrowing statistics:

Every 2 minutes, a person is injured in a drunk driving crash.
On average, 2 in 3 people will be involved in a drunk driving crash in their lifetime.
The rate of drunk driving is highest among 26-29 year olds at 20.7%.
In 2014, 9,967 people died in drunk driving crashes. That’s one every 53 minutes. Another 290,000 were injured in drunk driving crashes.
Drunk driving costs the U.S. $132 Billion a year.
In 2010, drunk driving alone accounted for 18% of the total economic loss from motor vehicle crashes, costing the economy as much as $199 billion in direct and quality-of-life losses.

What does Drunk or “Intoxicated” Mean?

Tennessee law provides that a person is intoxicated when his or her physical and mental abilities are impaired as a result of drinking or drug use. The impairment must be to the extent that the person can’t act with ordinary and reasonable care like a sober person would under similar circumstances.

Can a Drunk Driver or Person Be Negligent?

Yes! A drunk person is held to the same standard as a sober person. Being intoxicated is no excuse for failure to act as a reasonably careful person.

We Represent Victims of Drunk Driving.

As a victim, you need a lawyer with the experience, drive, and knowledge necessary to compete with the insurance companies who are handling your claim. Otherwise, you’ll end up being a victim twice, and you might not even realize it until it’s already too late. We are victim attorneys and we represent people who have been injured or damaged by drunk or intoxicated drivers. If you need help, we have offices in Memphis and Nashville Tennessee. Please call us at 901-372-5003 or email us here.

March 17, 2016 In Civil Litigation, Personal Injury

Waivers and Releases Do Not Eliminate Liability for Gross Negligence: Ask the Injury Lawyer

Tennessee Law on Contracting Away Liability

Chances are you’ve signed a Waiver or Release of Liability. Maybe you were going whitewater rafting or visited an indoor trampoline or “bouncy house” park. Businesses providing recreational activities generally require you to sign a form with lots of fine print before you can participate. These forms generally absolve the business of liability if you get hurt. Is that legal? Yes. But there’s one thing to remember: In Tennessee, a person or business cannot contract away liability for “gross negligence.” That’s why you need to consult with a personal injury lawyer if you are injured, but someone tells you they’re not responsible because you signed a Release or Waiver.

Tennessee law allows people to enter into contracts that say that ABC will not be liable and that XYZ is “assuming the risk,” including the risk that ABC might commit negligence. However, the law says that such a contract will not protect ABC if ABC is guilty of gross negligence. Buckner v. Varner, 793 S.W.2d 939, 941 (Tenn. Ct. App.1990).

What is Gross Negligence?

What is gross negligence and how is it different from regular negligence? Regular negligence is the failure to use ordinary or reasonable care. Gross negligence involves a higher degree of “bad” conduct and callous indifference to consequences. That’s why Tennessee law won’t allow people to contract away liability for gross negligence. However, it’s harder to prove that someone committed gross negligence. You have to show:

The person committed ordinary negligence, and
The person acted “with utter unconcern for the safety of others, or … with such a reckless disregard for the rights of others that a conscious indifference to consequences is implied . . .” Leatherwood Wadley, 121 S.W.3d 682, 693–94 (Tenn. Ct. App.2003).

Consult with an Injury Lawyer

If you are injured or hurt while participating in a recreational activity, you should consult with a personal injury lawyer. Don’t automatically assume that you can’t recover because you signed a Release or Waiver. A personal injury lawyer can examine the language of any form you signed and can advise you whether you might have a claim.

Need an Injury Lawyer? We can help.

Call Patterson Bray at (901) 372-5003 or email us here. Visit our website to learn more about us and our work. Offices in Memphis and Nashville.

March 10, 2016 In Auto Accident, Civil Litigation, Personal Injury

Should you apologize after a Car Accident? Ask the Personal Injury Lawyer

Some people say “I’m sorry” because they don’t know what else to say in an uncomfortable situation. Others say “I’m sorry” to express sympathy or concern. Some people say “I’m sorry” because they want to apologize for a situation they’ve caused. So, what would a personal injury lawyer tell you about apologizing?

What’s the legal effect of saying you’re sorry?

Suppose you’re in a car accident and it was your fault. Without a doubt, you know the other driver didn’t do anything wrong. You can see that the other car is damaged and the driver appears injured. Should you apologize or admit fault?

Or, what if you’re in an accident but you’re not sure about who was at fault? You can see the other driver is hurt, so like any good Southerner, you go over and instinctively say, “I am soooooo sorry. Are you alright? Do you need an ambulance?” Have you just admitted liability for the car accident?

“I’m Sorry” = Not Admissible to Show Liability

Tennessee Rule of Evidence 409.1 addresses apologies and saying “I’m sorry.” The Rule provides that certain statements and actions reflecting sympathy for an injured person are not admissible at a trial. The Rule is designed to encourage settlements. The underlying theory is that a settlement is more likely if a person is free to express sympathy to the injured person without making a statement that would be considered an admission of liability.

**Statements of Fault are Admissible**

Rule 409.1 only extends to “benevolent gestures” and does not exclude statements of fault. If you are a victim in an accident and someone tells you it was their fault, write down their exact words. This evidence could help your injury lawyer prove liability and can increase your chances of recovering damages. If you tell someone that you were at fault for an accident, then your statement will most likely be admissible as evidence if a lawsuit results.

Moral of the Story

A simple apology can go a long way toward making an injured person feel more comfortable with settling a case rather than filing a lawsuit. People like to receive apologies. Be human. Feel free to say “I’m sorry”, but be careful about statements of fault.

Need a Personal Injury Lawyer?

Call Patterson Bray at (901) 372-5003 or email us here. We have a personal injury lawyer for you. You can also visit our website to learn more about our approach to personal injury work and some of the results we’ve achieved for our clients, with offices in both Memphis and Nashville.

March 2, 2016 In Auto Accident, Civil Litigation, Personal Injury

Runners Hit by Cars: Advice from a Personal Injury Lawyer and Certified Running Coach

It’s not uncommon for runners and other pedestrians to be hit by cars. We’ve seen it in our personal injury practice, and we’ve seen it on the news. For example, in Midtown Memphis, two women were hit while using an intersection, and in Germantown, a man was hit and killed by a car.

Legal Rights and Duties of Runners and Pedestrians

Most people are aware of the Rules of the Road that apply to drivers, but what are the legal duties and rights of an injured runner or pedestrian? A common misconception is that a pedestrian always has the right of way, but that is not necessarily true. Both drivers and pedestrians have certain rights and duties under the law.

A Runner’s Legal Duties

You have the duty to look before starting to cross a street.
You have the duty to exercise reasonable care for your own safety.
You have the duty to keep a timely lookout for traffic.
You have a duty to follow the pedestrian signals.
You have a duty to use sidewalks when they are available.

Crossing the Street at Intersections and Crosswalks

If the traffic signal is in your favor, you have the right of way at all intersections and crosswalks.

Caveat: Having the right of way does not mean you can proceed “serenely oblivious of surrounding circumstances.”
Caveat: Having the right of way does not mean you can step out in front of a car when it is too late for the car to stop.

Crossing the Street Anywhere Else

When crossing the street at any point other than in a crosswalk at an intersection, you have a statutory duty to yield the right of way to all vehicles.

What if there is no Sidewalk?

Always run or walk facing traffic. This way you can see and react to oncoming traffic.

Safety Tips for Runners from Coach Star Ritchey

Obviously, it’s best if you are never hit by a car while running or walking! Star Ritchey , Certified Running Coach and Owner of Midtown Memphis Running Group, Star Runners, gives the following “go-to” safety tips for runners:

Run facing traffic. You never want traffic at your back.
Never assume that because you see the car, the car sees you. Be prepared to move.
No headphones. If you insist on headphones, only wear 1 earbud.
Always wear reflective gear unless it’s daylight.
Always wear a Road I.D.

If you are hit by a car, call a personal injury lawyer.

Each case is unique and there are always exceptions to the rules. And remember, the driver of the car has legal duties, too. If you are a runner or pedestrian and you have been hit by a car, don’t assume you’re automatically at fault. Talk with a lawyer who can give you advice about your particular case. Don’t just blindly accept as truth what the driver’s insurance company is telling you about fault.

In Tennessee, we have what is called “Comparative Fault.” That means you may be able to recover for your injuries, even if you bear some portion of the fault, as long as your fault isn’t equal to or greater than the driver’s fault. You need a personal injury lawyer who can sort through the facts and determine whether you are entitled to recovery.

If you are hit by a car, call Patterson Bray.

We have a team of experienced trial lawyers here at Patterson Bray. Our work is personal and we’d be glad to give you the attention you deserve. If you are a runner or pedestrian and you’ve been hit by a car, please call us at (901) 372-5003 or email us here.

Other Resources for Runners

The Tennessee Department of Transportation website lists the various laws that apply to runners, pedestrians, and drivers.

March 1, 2016 In Auto Accident, Civil Litigation, Personal Injury

Texting and Walking? Advice from a Personal Injury Lawyer

Texting and Walking: Advice from a Personal Injury Lawyer

Do you walk and text? If you are like most people, you probably do. This personal injury lawyer advises you to stop! While we know that texting and driving is dangerous and has been banned in Tennessee, research also shows that pedestrians who are distracted with their phones are more likely to be hit by a vehicle. According to one analyst, the number of pedestrian injuries due to cell phone use tripled over a a 7 year period (2004-2010), and the numbers continue to rise.

What if a Car Hits Me But I was Texting While Walking?

Call a personal injury lawyer. If you were walking and texting when you were hit, the driver’s insurance company will probably say you were at fault, but that is not necessarily always the case. You should still speak with a personal injury lawyer about the specific facts of your case. In Tennessee, we have what is called “Comparative Fault.” That means you may be able to recover for your injuries, even if you bear some portion of the fault, as long as your fault isn’t equal to or greater than the driver’s fault. You need a good personal injury lawyer who can sort through the facts and determine whether you are entitled to recovery.

(1) Don’t text and walk. If you are injured, it could reduce or even eliminate any damages you would have otherwise been entitled to.

(2) If you are injured while texting and walking, don’t automatically assume you are at fault. Call an injury lawyer to make sure.

Call Patterson Bray. We Can Help.

When you need a lawyer, call Patterson Bray. Contact us at 901-372-5003 or email us here. We take cases throughout Tennessee and Mississippi, including Memphis, Shelby County, Bartlett, Germantown, and Cordova.

February 17, 2016 In Auto Accident, Business Litigation, Civil Litigation, Personal Injury, Uncategorized

Can my Fitbit be used as evidence against me?

By: Erin Shea

As I was driving to work yesterday, I heard an advertisement for a Local News Story on Fox 13 about potential unintended consequences of using one of those trendy new fitness tracker devices, such as the Fitbit®. This piqued my interest for a couple of different reasons: (1) My husband bought me a Fitbit® for my birthday recently, and (2) Part of my job as a lawyer involves looking for information to either support or weaken a particular factual claim being made by someone in a lawsuit, and doesn’t a fitness tracker record accurate and factual information?

Using Fitbit® Data as Evidence in Court Cases

What could be the unintended consequence of using a fitness tracker? Relevant to my job as a lawyer, Fox 13’s story and this article discuss how fitness tracking data can make or break a court case.

I haven’t seen any reported appellate decisions in Tennessee yet discussing the admissibility of fitness tracking data at trial, but I’m sure they are coming. Also, even if the data never sees the inside of a courtroom, there are other uses for it, including using the information to secure other evidence or as a negotiation point during settlement talks.

For example, if a person in a personal injury suit is making a claim that they can no longer walk more than a few steps at a time, but the person’s Fitbit® data shows that the person is taking 20,000 steps a day, I would argue that the claim is being exaggerated. On a somewhat related topic, I will never forget an old case I worked on where the injured person claimed he could no longer run races, but his social media accounts showed several post-race photographs that were taken after the accident.

Moral of the Story

Don’t forget that your electronic devices, including fitness tracking devices like a Fitbit®, are collecting data and information about you. Think about how that data might be used to help or hurt you because you can be sure that the lawyers are!

Need a Lawyer?

Call me or any of the other lawyers at Patterson Bray at (901) 372-5003. We’d be glad to help you. We handle cases in Memphis, Cordova, Germantown, Bartlett, Arlington, Lakeland, Shelby County, and throughout Tennessee and Mississippi. If we can’t help you, we’ll point you in the right direction.

February 3, 2016 In Auto Accident, Business Litigation, Civil Litigation, Contracts, Estate Planning, General, Government, Medical Malpractice, Personal Injury

Lawsuit Deadlines: How long do I have to file a lawsuit in Tennessee?

Why are there statutes of limitation or lawsuit deadlines?

In Tennessee, there are lawsuit deadlines called “statutes of limitations,” so it is important to speak to a lawyer as soon as possible if you believe you may need to file a lawsuit. If you wait too late, you may lose your ability to seek a remedy or recovery in court.

Statutes of limitation serve a number of purposes. They promote stability in personal and business relationships; they prevent undue delay in filing lawsuits; they help to avoid uncertainty in pursuing and defending old claims; and they help to ensure that evidence is preserved and not lost due to the lapse of time, fading memories, or death of witnesses or parties.

What time limit applies to my case?

It depends on what kind of case you have. Even our courts sometimes struggle with which statute of limitation applies. Generally, a court looks to the “gravamen” of the complaint to determine which statute of limitation applies. Think of the “gravamen” as the “real purpose” or the “main point” of a lawsuit.

The Tennessee Supreme Court, in Benz-Elliott v. Barrett Enterprises said that when determining the gravamen of a complaint in order to decide which statute of limitation applies, “a court must first consider the legal basis of the claim and then consider the type of injuries for which damages are sought. This analysis is necessarily fact-intensive and requires a careful examination of the allegations of the complaint as to each claim for the types of injuries asserted and damages sought.”

You may have multiple legal theories and claims available to you in your case, but those claims could have different statutes of limitation that will affect your ability to recover. Because this analysis can be difficult, and it is to your advantage to include as many viable claims for recovery as possible, you should consult an attorney as soon as possible to discuss your case.

Statutes of Limitation in Tennessee for Common Claims

Below are statutes of limitation for common types of claims. There are others, so make sure and consult with an attorney to make sure you understand what time limit applies to your case.

Personal injury or wrongful death – 1 year
Property damage – 3 years
Conversion – 3 years
Breach of Contract – 6 years
Fraud/Misrepresentation – 3 years
Legal or medical malpractice – 1 year
Consumer Protection Act claims – 1 year
Sale of Goods Contract Claims – 4 years
Slander (spoken defamation) – 6 months
Libel (written defamation) – 1 year

Exceptions

There are certain exception to the statutes of limitation in Tennessee, but you should never assume an exception will apply to your case. For example, if a person took active steps to keep you from discovering an injury or claim (i.e., fraudulent concealment), then you may have additional time to file suit.

Courts will not allow you extra time to file suit simply because you did not know the applicable statute of limitation, or because you suffered an injury but didn’t find out the full facts or extent of your damage until later in time. Consult with an attorney as soon as you think you have a claim.

Don’t Lose Your Ability to Recover. Call us today.

Statutes of limitations and lawsuit deadlines can kill your case before it even starts. If you think you may have a legal claim against someone, please call us today at 901-372-5003 or email us here. Don’t wait too late and lose your ability to file suit or recover damages. Let the attorneys of Patterson Bray help you today.