Tort law in TN Flashcards
Self-Defense in TN (3 Elements)
-A reasonable belief that there is an imminent danger of death or serious bodily
injury;
-The danger creating the belief of imminent death or serious bodily injury is real, or honestly believed to be real at the time; and
-The belief of danger is founded upon reasonable grounds.
Defense of Another in TN
(1) Same elements as self defense, and
(2) The person reasonably believes that the
intervention is immediately necessary to protect another
Defense of Property in TN
Can only use deadly force to protect property if you have a reasonable belief of imminent death or serious bodily injury to self, family, a member of the household or a person visiting as an invited guest caused by a trespassor
Use of Devices in Defense of Property in TN
You can only use devices to protect your property IF:
(1) The device is not designed to cause or known to create a substantial risk of causing death or serious bodily harm;
(2) this use is reasonable
(3) The device is one customarily used for such a purpose, or reasonable care is taken to make known to probable intruders the fact that it is used.
Shopkeeper’s Privilege in TN
merchants who accuse someone of shoplifting with complete defense against a malicious prosecution or false imprisonment claim if the merchant establishes that:
(1) it had probable cause (i.e., reasonable grounds)
(2) it acted in a reasonable manner under the
circumstances, and
(3) it detained the accused suspect for a reasonable period of time.
Fireman’s rule in TN
The policemen and firemen’s rule
in TN precludes firefighters and police officers
from recovering damages for injuries arising out
of risks peculiar to their employment (i.e., job-related risks).
TN dog bite statutes
-Dog owners have a duty to keep their dog under reasonable control at all times and to keep their dog from running at large.
-A person who breaches this duty is subject to civil
liability for any damages suffered by a person who is
injured by the dog while in a public place or lawfully in or on the private property of another.
-A dog owner may be held liable regardless of whether
the dog has shown any dangerous propensities or
whether the dog’s owner knew or should have known
of the dog’s dangerous propensities
TN loss of chance doctrine
TN rejects it (minority view)
Suicide in TN
-In general, suicide is not a superseding,
intervening cause of death as a matter of
law, but is a question of fact to be resolved
at trial.
-The crucial inquiry is whether the D’s
negligent conduct led to or made it
reasonably foreseeable that the deceased
would commit suicide?
-If Yes, suicide is not a superseding
intervening cause breaking the chain of
legal/proximate causation.
TN Dram shop laws
In general, TN’s law provides immunity to
commercial sellers of alcohol whose patrons
subsequently cause injuries to 3Ps, exceptions: overserving and under 21
2 exceptions in TN (dram shop laws)
- 3P proves, beyond a reasonable doubt, that the sale of the alcoholic beverage or beer was the proximate cause of the 3P’s personal injury or death and that the seller:
(1) Sold the alcoholic beverage or beer to someone under the age of twenty-one years or
(2) Sold the alcoholic beverage or beer to a visibly intoxicated person
Social Host Liability
in Tennessee
if a person is injured by an intoxicated
person, there is not a legal claim against the
person who merely furnished the alcohol.
Exceptions to social host liability in TN
Adults who permit minors to drink at their house owe the minors a duty of care.
-If an intoxicated minor then leaves the party and is involved in a car crash, the adult host can be held liable for any injuries or death suffered by the minor or another person.
-This is true even if the adult host did not
actually, furnish the alcohol to the minors but merely permitted them to drink at their home
Caps on Non-Economic
Damages in TN
-In general, there is a cap of $750,000 dollars in Tennessee for non-economic damages (i.e., physical impairment, pain and suffering, loss of consortium, and loss of enjoyment of life), with some exceptions.
Exceptions to $750,000 Cap:
- Spinal cord injury resulting in paraplegia or quadriplegia
- Amputation of two hands, two feet, or one of each
- 3rd degree burns over 40% or more of the body or 40% or more of the face; or
- Wrongful death of the parent who leaves behind a surviving minor child(ren) of the deceased parent who had custodial or visitation rights
