Negligence is one of the most important concepts in personal injury law. It determines whether an injured person can hold someone else legally responsible for their losses.
In Tennessee, as in other states, negligence is the foundation of claims involving car accidents, slip and fall incidents, medical malpractice, and many other situations where someone’s careless actions cause harm.
What Is Negligence?
Negligence occurs when someone fails to use reasonable care, resulting in harm to another person.
In legal terms, negligence has four essential elements:
- Duty of care – The defendant had a legal obligation to act reasonably under the circumstances.
- Breach of duty – The defendant failed to meet that standard.
- Causation – The defendant’s actions or inactions directly caused the injury.
- Damages – The plaintiff suffered actual harm, such as medical expenses, lost wages, or pain and suffering.
Without all four elements, a negligence claim cannot generally proceed in Tennessee courts.
Duty of Care in Tennessee
The starting point in a negligence case is typically determining whether the defendant owed the plaintiff a duty of care.
Tennessee law recognizes duties in many everyday contexts:
- Drivers have a duty to obey traffic laws and operate their vehicles safely.
- Property owners must keep their premises reasonably safe for visitors.
- Healthcare providers are required to meet accepted medical standards of practice.
- Employers must provide safe working environments for their employees.
Without this element, you may not have a negligence claim.
Breach of Duty
Once a duty of care is established, the next step is showing that the defendant breached that duty. A breach occurs when someone acts in a way that a reasonably prudent person would not, or fails to act when a reasonably prudent person would have.
Examples include:
- A driver texting behind the wheel and causing a crash on I-40
- A store manager in Nashville failing to remove a spill that causes a customer to slip
- A doctor prescribing the wrong medication despite clear medical records
Eyewitness accounts, photos, medical records, and expert testimony can help prove that the defendant’s conduct fell below the required standard of care.
Causation
Causation links the defendant’s actions to the plaintiff’s injuries.
Tennessee law requires proof of two types of causation:
- Cause in fact: The injury would not have occurred “but for” the defendant’s actions.
- Proximate cause: The injury was a foreseeable result of the defendant’s conduct.
If the harm was too remote or unpredictable, the defendant may not be legally responsible. Courts often evaluate foreseeability carefully in negligence cases.
Damages
Finally, the plaintiff must show that they suffered actual damages, which can be economic or non-economic:
- Economic damages include medical expenses, lost wages, and property damage.
- Non-economic damages cover pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement.
Without real damages, a negligence claim cannot succeed, even if the defendant clearly breached a duty.
Tennessee’s Comparative Negligence System
One of the most significant aspects of negligence in Tennessee is how fault is shared.
Tennessee follows a modified comparative negligence rule. Generally, an injured person can recover damages as long as they are less than 50% at fault for the accident. In that case, your compensation award would likely be reduced by your percentage of fault. If the plaintiff is found to be 50% or more responsible, they typically cannot recover any compensation.
For example, imagine a car accident in Clarksville where a driver who ran a red light was assigned a majority of the blame. The injured plaintiff was speeding, though, and was found to be 20% at fault. If the damages were totaled at $100,000, the plaintiff could potentially recover up to $80,000. But if the plaintiff had been 50% or more at fault, they might recover nothing.
This rule means insurance companies in Tennessee often try to shift blame to reduce payouts, making comparative fault a central issue in personal injury cases.
Examples of Negligence in Tennessee
Negligence can occur in countless ways—here are some common examples:
- Motor vehicle accidents: A driver who fails to yield the right of way in downtown Nashville and collides with a motorcyclist may be found negligent for breaching traffic laws and causing injury.
- Premises liability: A business owner in Knoxville who ignores a broken handrail, leading to a customer’s fall, could be liable for failing to maintain safe premises.
- Medical malpractice: A doctor in Chattanooga who fails to diagnose a condition that other reasonable physicians would have caught may be negligent in providing care.
- Nursing home neglect: A Memphis facility that fails to provide proper supervision or neglects resident hygiene that violates accepted standards may be liable for harm caused to residents.
If you are unsure if your claim or circumstances meet the negligence standard, it is best to consult with an experienced personal injury lawyer.
Defenses to Negligence in Tennessee
Defendants often raise defenses to avoid liability, including:
- No duty of care: Claiming they had no legal obligation to the plaintiff.
- Reasonable care: Arguing that their actions were consistent with what a reasonable person would do.
- Assumption of risk: Asserting the plaintiff knowingly engaged in a risky activity.
- Comparative fault: Alleging the plaintiff’s own actions contributed significantly to the accident.
These defenses can reduce or eliminate recovery, which is why it is so important to establish clear and compelling evidence of negligence.
Contact Our Nashville Personal Injury Attorneys at Meyers Personal Injury Law for a Free Consultation
Negligence is the cornerstone of personal injury law in Tennessee. It defines when one party is legally responsible for another’s harm, and it establishes the framework for proving liability. By understanding how negligence works, injured people can better navigate the legal system, hold negligent parties accountable, and secure the compensation they need to move forward.
If you need help after an accident caused by someone else’s negligence, call Meyers Personal Injury Law at (615) 258-9000 for a free consultation. Our Nashville personal injury attorneys are ready to support your claim and fight for your compensation.
