Tennessee Code 29-20-205 – Removal of Immunity for Injury Caused by Negligent Act or Omission of Employees — Exceptions — Immunity for Year 2000 Computer Calculation Errors
Current as of: 2021 | Check for updates | Other versions
Immunity from suit of all governmental entities is removed for injury proximately caused by a negligent act or omission of any employee within the scope of his employment except if the injury arises out of:
- The exercise or performance or the failure to exercise or perform a discretionary function, whether or not the discretion is abused;
- Arrest: Taking physical custody of a person by lawful authority.
- Contract: A legal written agreement that becomes binding when signed.
- Employee: means and includes any official (whether elected or appointed), officer, employee or servant, or any member of any board, agency, or commission (whether compensated or not), or any officer, employee or servant thereof, of a governmental entity, including the sheriff and the sheriff's employees and, further including regular members of voluntary or auxiliary firefighting, police, or emergency assistance organizations. See Tennessee Code 29-20-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Injury: means death, injury to a person, damage to or loss of property or any other injury that one may suffer to one's person, or estate, that would be actionable if inflicted by a private person or such person's agent. See Tennessee Code 29-20-102
- Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Property: includes both personal and real property. See Tennessee Code 1-3-105
- False imprisonment pursuant to a mittimus from a court, false arrest, malicious prosecution, intentional trespass, abuse of process, libel, slander, deceit, interference with contract rights, infliction of mental anguish, invasion of right of privacy, or civil rights;
- The issuance, denial, suspension or revocation of, or by the failure or refusal to issue, deny, suspend or revoke, any permit, license, certificate, approval, order or similar authorization;
- A failure to make an inspection, or by reason of making an inadequate or negligent inspection of any property;
- The institution or prosecution of any judicial or administrative proceeding, even if malicious or without probable cause;
- Misrepresentation by an employee whether or not such is negligent or intentional;
- Or results from riots, unlawful assemblies, public demonstrations, mob violence and civil disturbances;
- Or in connection with the assessment, levy or collection of taxes;
- Or in connection with any failure occurring before January 1, 2005, which is caused directly or indirectly by the failure of computer software or any device containing a computer processor to accurately or properly recognize, calculate, display, sort, or otherwise process dates or times, if, and only if, the failure or malfunction causing the loss was unforeseeable or if the failure or malfunction causing the loss was foreseeable but a reasonable plan or design or both for identifying and preventing the failure or malfunction was adopted and reasonably implemented complying with generally accepted computer and information system design standards. Notwithstanding any other law, nothing in this subdivision (9) shall in any way limit the liability of a third party, direct or indirect, who is negligent. Further, a person who is injured by the negligence of a third party contractor, direct or indirect, shall have a cause of action against the contractor; or
[Repealed effective July 1, 2022. See Compiler’s Note.]
- Or in connection with any loss, damage, injury, or death arising from COVID-19, as defined in § 29-34-802(a), unless the claimant proves by clear and convincing evidence that the loss, damage, injury, or death was proximately caused by an act or omission by the entity or its employees constituting gross negligence. The requirements of § 29-34-802(c) apply to any such cause of action when applicable.
Terms Used In Tennessee Code 29-20-205