Harlene Labrum | July 17, 2024 | Personal Injury
Tennessee’s Modified Comparative Negligence Law
Multiple parties may share some of the blame in many personal injury accidents. So, how do you distribute damages when more than one party is at fault? That is what comparative negligence (also known as contributory fault) is all about.
The various state legislatures have created different forms of comparative negligence. The version that Tennessee uses is ‘modified comparative negligence with a 50% bar.’
How Negligence Law Works
Negligence means carelessness. If someone injures you through their own carelessness, they should pay you compensation, right? In a legal claim, however, it’s not that simple. To prove the defendant liable for negligence, you must prove the following four facts:
- The defendant owed you a duty of care. This element is almost always present. The hard part is often the task of deciding exactly what that duty was.
- Breach of duty: The defendant failed to meet the demands of whatever behavior their duty of care demanded of them. It might be something as simple as stopping for a red light.
- Damages: You suffered harm that monetary damages can compensate you for. Typically, you must have suffered a physical injury. You might have suffered emotional distress as well.
- Actual cause: Your injuries would not have occurred had it not been for the defendant’s breach of duty.
- Proximate cause: Your injuries were a foreseeable consequence of the defendant’s breach of their duty of care.
You must prove all of these elements to establish the defendant’s liability for negligence.
How Comparative Negligence Law Works
Under the pure form of comparative negligence, the court will hear the evidence and assign each party a percentage of ability. For example, Party A may have been 75% at fault, while Party B was 25% at fault.
In a pure comparative negligence jurisdiction such as Kentucky (but not Tennessee), that means Party A will lose 75% of their damages and Party B will lose 25% of their damages.
How Tennessee Modified Comparative Negligence
Tennessee modified the ‘pure comparative negligence’ system described above by instituting a 50% bar. That means any Party who was 50% or more at fault for their own injuries will receive nothing.
Examples
Following are some hypothetical examples of shared fault accidents:
- Ben runs a red light and hits Grace, who is speeding. The court splits liability 60%/40%, leaving Ben with no compensation and leaving Grace with only 60% of her damages.
- Charlie, intoxicated by wine, slips and falls on a wet floor in a grocery store, breaking his leg. The store is 70% responsible, while Charlie is 30% responsible. Charlie will lose 30% of his damages.
- Madison was hit by a car driven by Evelyn. Madison was jaywalking at the time, but Evelyn turned right on red without stopping. The court ruled Madison 20% at fault and subtracted 20% from her damages.
- Frank suffers a dog bite from his neighbor’s dog, who was running loose. Since Frank was teasing the dog at the time of the attack, the court assigned fault 50%/50%. Frank walks away empty-handed.
- Jack suffers an injury at work due to an equipment malfunction. The court assigns George 20% fault for violating safety rules, and it assigns the manufacturer 80% fault for the equipment malfunction. Jack loses 20% of his damages.
The system works much the same if three or more parties share liability.
Do You Need a Personal Injury Attorney?
Not every negligence claim requires the assistance of a lawyer. A fender-bender car accident, for example, might not require a lawyer’s services to resolve.
The greater the value of the damages you suffered, however, the more likely you are to need the services of a personal injury lawyer. If you think you might have a valuable claim, contact an attorney today.
Contact the Nashville Personal Injury Attorneys at Labrum Law Firm Personal Injury Lawyers Today
For more information, please contact the Nashville personal injury law firm of Labrum Law Firm Personal Injury Lawyers to schedule a free consultation today.
We proudly serve Nashville, Brentwood, and its surrounding areas in Tennessee:
Labrum Law Firm Personal Injury Lawyers – Nashville
315 Deaderick St, Suite 1525
Nashville, TN 37238
(615) 685-8546
Labrum Law Firm Personal Injury Lawyers – Brentwood
320 Seven Springs Way, Suite 250
Brentwood, TN 37027
(615) 455-3384