Tennessee Code Annotated
Tenn. Code Ann. § 20-1-105 (2026)
Expenses and loss of service incident to injury to child
✓ current as of May 2026 Cite as: Tenn. Code Ann. § 20-1-105 (2026)
- (a) The father and mother of a minor child have equal rights to maintain an action for the expenses and the actual loss of service resulting from an injury to a minor child in the parents' service or living in the family except that where one (1) parent is dead or has deserted the family, the other parent shall have the sole right to maintain the action.
- (b) In case the father and mother of the minor child are living apart and one (1) parent has exclusive legal custody of the child, the parent with legal custody has the sole right to maintain an action for the expenses and the actual loss of service resulting from an injury to the minor child, except that the noncustodial parent in such case shall have a right to maintain or join an action brought under this section, for the expenses resulting from an injury to the minor child to the extent the noncustodial parent has paid those expenses.
Code 1958, § 2803; Shan., § 4503; Code 1932, § 8630; T.C.A. (orig. ed.), § 20-105; Acts 1982, ch. 853, § 5.
Notes of Decisions
Cited in 9
cases (1 in the last 5 years), 1988–2021 · leading case: Crystal BLACKWELL, as Next Friend to Jacob Blackwell, a Minor v. SKY HIGH SPORTS NASHVILLE OPERATIONS, LLC
Crystal BLACKWELL, as Next Friend to Jacob Blackwell, a Minor v. SKY HIGH SPORTS NASHVILLE OPERATIONS, LLC (2017)
“” Tenn. Code Ann. § 20-1-105 (a). Sky High argues that because Mother’s claims were extinguished by her valid and undisputed execution of the waiver and indemnification language in the release, any claim for pre-majority medical ■ expenses is likewise barred.”
Palanki Ex Rel. Palanki v. Vanderbilt University (2006)
“Tennessee Code Annotated section 20-1-105 provides that a claim for medical expenses incurred by a minor during his or her minority does not belong to the minor, but rather to the minor’s parents.”
Grant v. Kia Motors Corp. (2016)
“2d at 469 (emphasis added); See also Tenn. Code Ann. § 20-1-105 (a) (“The father and mother of a minor child have equal rights to maintain an action for the expenses and the actual loss of service resulting from an injury to a minor child in the parents’ service or living in the…”
Still Ex Rel. Erlandson v. Baptist Hospital, Inc. (1988)
“Tenn.Code Ann. § 20-1-105. This is consistent with the common law, though a statutory enactment.”
Bowers v. City of Chattanooga (1992)
“, was entitled to recover as damages an amount in excess of his actual out-of-pocket expenses pertaining to his son’s injuries, notwithstanding the provisions of T.C.A. § 20-1-105; (3) plaintiffs Hudgins and Bowers, Sr.”
Kingston Neale B/N/F Dion Russell v. United Way of Greater Kingsport (2015)
“See Tenn. Code Ann. § 20-1-105 (b) (providing that when a minor child‟s parents are living apart and one parent “has exclusive legal custody,” the custodial parent has “the sole right to maintain an action for the expenses and the actual loss of service resulting from an injury…”
Michelle Rye v. Women's Care Center of Memphis, MPLLC d/b/a Ruch Clinic (2014)
“”) (emphasis added); see also Tenn. Code Ann. § 20-1-105 (stating that the parents of a minor child who sustains an injury have the right to maintain an action for the expenses related to that injury).”
Brittany Borngne Ex Rel. Miyona Hyter v. Chattanooga-Hamilton County Hospital Authority (2021)
“3d at 657 ; see also Tenn. Code Ann. § 20-1-105 (a) (2009).2 We concluded: “Son cannot maintain an action for pre-majority medical expenses that were paid or will be paid by his parents.”
Lindsay, Pamela, & John Taylor v. Al Beard/Southeastern Freight (2001)
“In addition, the Parents argue that their claims are derivative of Lindsay’s personal injury claim and, 1 Tennessee Code Annotated § 20-1-105(a) provides, “the father and mother of a minor child have equ al rights to ma intain an action for the expenses and the actual loss of…”
— Tenn. Code Ann. § 20-1-105(a) — 1 case
Lindsay, Pamela, & John Taylor v. Al Beard/Southeastern Freight (2001)
“In addition, the Parents argue that their claims are derivative of Lindsay’s personal injury claim and, 1 Tennessee Code Annotated § 20-1-105(a) provides, “the father and mother of a minor child have equ al rights to ma intain an action for the expenses and the actual loss of…”
— Tenn. Code Ann. § 20-1-105(b) — 1 case
Kingston Neale B/N/F Dion Russell v. United Way of Greater Kingsport (2015)
“See Tenn. Code Ann. § 20-1-105 (b) (providing that when a minor child‟s parents are living apart and one parent “has exclusive legal custody,” the custodial parent has “the sole right to maintain an action for the expenses and the actual loss of service resulting from an injury…”
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