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Tennessee law

Premises Liability Laws in Tennessee.

Tennessee premises liability applies a unified duty of reasonable care to invitees and licensees (Hudson v. Gaitan, 675 S.W.2d 699 (Tenn. 1984)). Trespassers are owed only a duty to avoid willful or wanton conduct. Tennessee's modified comparative fault (50% bar) applies. Tennessee has a Recreational Use Immunity statute. Tennessee dog-bite liability is generally governed by common-law "one-bite" rule with narrow statutory exceptions for dogs in a public place or running at large.

Last verified: 2026-04-17

State law

Statute of Limitations

1 yearTenn. Code § 28-3-104

1-year general personal injury statute applies — among the shortest in the U.S.

State law

Fault & Liability Rules

Modified Comparative Fault (50% Bar)McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992)

Plaintiff's fault reduces recovery proportionally. Plaintiff at 50% or more fault recovers nothing.

State law

Key Tennessee Statutes

Unified Duty of Reasonable Care (Hudson v. Gaitan)Hudson v. Gaitan, 675 S.W.2d 699 (Tenn. 1984)

Tennessee Supreme Court unified the duty toward invitees and licensees. Landowners owe a duty of reasonable care to both invitees and licensees — considering risk, foreseeability, and other factors.

Duty to TrespassersTennessee common law

Trespassers are owed only a duty to avoid willful or wanton injury. Attractive-nuisance doctrine applies to trespassing children.

Recreational Use ImmunityTenn. Code § 70-7-101 et seq.

Landowners who permit free recreational use owe no duty of care absent willful or malicious conduct.

Dog BiteTenn. Code § 44-8-413 (limited statutory rule); common law

Tennessee's Dianna Acklen Act (§ 44-8-413) imposes limited strict liability when the dog is running at large and the victim is not on the owner's property. Otherwise, common-law one-bite rule applies.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Tennessee.

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