Tennessee Code Annotated
Tenn. Code Ann. § 29-11-107 (2024)
Liability for damages in civil action governed by comparative fault - When doctrine of joint and several liability applies - Doctrines of vicarious liability and respondeat superior unaffected - Allocation of fault by trier of fact
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
- (a) If multiple defendants are found liable in a civil action governed by comparative fault, a defendant shall only be severally liable for the percentage of damages for which fault is attributed to such defendant by the trier of fact, and no defendant shall be held jointly liable for any damages.
- (b) Notwithstanding subsection (a), the doctrine of joint and several liability remains in effect:
- (1) To apportion financial responsibility in a civil conspiracy among two (2) or more at-fault defendants who, each having the intent and knowledge of the other's intent, accomplish by concert an unlawful purpose, or accomplish by concert a lawful purpose by unlawful means, which results in damage to the plaintiff; and
- (2) Among manufacturers only in a product liability action as defined in § 29-28-102, but only if such action is based upon a theory of strict liability or breach of warranty. Nothing in this subsection (b) eliminates or affects the limitations on product liability actions found in § 29-28-106.
- (c) Nothing in this section eliminates or affects the doctrines of vicarious liability or respondeat superior.
- (d) Nothing in this section limits the ability of the trier of fact to allocate fault to a nonparty to the suit, including, but not limited to, an immune third party or a settling party, person, or entity. Allocations of fault to nonparties shall be used only to determine the liability of named parties and shall not subject nonparties to liability in the action in which the allocation occurred or in any other action.
- (e) Nothing in this section eliminates or diminishes:
- (1) The filing of cross-claims or counterclaims against any party or third party under Tennessee Rules of Civil Procedure 13 and 14;
- (2) The assertion by a party of rights to contribution or indemnity;
- (3) The assertion by a party of comparative fault under Tennessee Rule of Civil Procedure 8.03;
- (4) The doctrine of superseding and independent intervening cause; or
- (5) Any defenses or immunities that exist as of July 1, 2013.
- (f) This section shall not prevent parties from entering into a legally enforceable contract that allocates fault in a civil action among the parties to the contract.
Added by 2013 Tenn. Acts, ch. 317, s 1, eff. 7/1/2013.
Notes of Decisions
Cited in 10
cases (6 in the last 5 years), 2017–2025 · leading case: In re Est. of William C. Link, No. M2016-02202-COA-R3-CV, 2017 WL 4457591 (Tenn. Ct. App. Oct. 5, 2017).
In re Est. of William C. Link, No. M2016-02202-COA-R3-CV, 2017 WL 4457591 (Tenn. Ct. App. Oct. 5, 2017). “Tenn. Code Ann. § 29-11-107 . Herein, we do not need to opine on this statute’s impact in any way.”
JRS Partners, GP v. Leech Tishman Fuscaldo & Lampl, LLC, No. 3:19-cv-00469, 2020 WL 5877131 (M.D. Tenn. Oct. 2, 2020). “13 Leech Tishman relies on Tenn. Code Ann. § 29-11-107 (a), which provides generally that if multiple defendants are found liable in a civil action governed by comparative fault, a defendant shall only be severally liable for the percentage of damages for which fault is…”
Cindy Hatfield v. Allenbrooke Nursing & Rehab. Ctr., LLC, No. W2017-00957-COA-R3-CV, 2018 WL 3740565 (Tenn. Ct. App. Aug. 6, 2018). “Rather, in the section of their brief devoted to issues involving the special verdict form, Defendants merely contend that joint and several liability was not appropriate in this case under Tennessee Code Annotated section 29-11-107, which provides certain rules purporting to…”
Damon Holland v. Brian Sullivan, No. M2016-00538-COA-R3-CV, 2017 WL 3917142 (Tenn. Ct. App. Sept. 7, 2017). “Relying on Tenn. Code Ann. § 29-11-107 , the trial court held the Sullivans jointly and severally liable for this judgment due to the Sullivans’ liability for conspiracy and slander of title.”
Honeycutt v. Cabins For You, LLC., No. 3:21-cv-00311 (E.D. Tenn. May 16, 2023). “) Nonetheless, Tennessee law permits the allocation of fault to settling parties to determine the fault of remaining parties, which serves the purpose of comparative fault in linking a party’s liability to its degree of fault in causing a plaintiff’s damages.”
Holbrook v. Ownbrix Int'l Corp., No. 2:19-cv-02879 (W.D. Tenn. Sept. 17, 2021). “Accordingly, pursuant to T.C.A. § 29-11-107(b)(1), the Court finds the Defendants jointly and severally liable for, and awards to the Plaintiffs the following damages: actual damages in the amount of $723,323.”
Messick v. Rusky, No. 1:19-cv-00045 (E.D. Tenn. Feb. 7, 2022). “§ 29-11-107(b). Plaintiffs have not pled any of the limited statutory exceptions here [See Docs.”
Wade v. Newport Grp., Inc., No. 1:22-cv-01126 (W.D. Tenn. Jan. 26, 2024). “§§ 29-11-107 : (a) If multiple defendants are found liable in a civil action governed by comparative fault, a defendant shall only be severally liable for the percentage of damages for 2 Newport acknowledges that Tennessee’s Uniform Contribution Among Tort-Feasors Act does not…”
Washington v. Highland Chateau 5776, LLC, No. 2:21-cv-02006 (W.D. Tenn. June 25, 2025). “§ 29-11-107; see also Messick v. Ruskey, No.”
Edward Jackson Younger Fam. Irrevocable Trust v. Evelyn W. Ross (Tenn. Ct. App. 2025). “Moreover, the court found Defendants to have entered into a “common scheme” and to be collectively responsible for the breach of contract and damages incurred 18 Additionally, Tennessee Code Annotated § 29-11-107(f) (West July 1, 2013, to current) provides, as an exception to…”
Tenn. Code Ann. § 29-11-107(b): 1 case
Messick v. Rusky, No. 1:19-cv-00045 (E.D. Tenn. Feb. 7, 2022). “§ 29-11-107(b). Plaintiffs have not pled any of the limited statutory exceptions here [See Docs.”
Tenn. Code Ann. § 29-11-107(b)(1): 1 case
Holbrook v. Ownbrix Int'l Corp., No. 2:19-cv-02879 (W.D. Tenn. Sept. 17, 2021). “Accordingly, pursuant to T.C.A. § 29-11-107(b)(1), the Court finds the Defendants jointly and severally liable for, and awards to the Plaintiffs the following damages: actual damages in the amount of $723,323.”
Tenn. Code Ann. § 29-11-107(f): 1 case
Edward Jackson Younger Fam. Irrevocable Trust v. Evelyn W. Ross (Tenn. Ct. App. 2025). “Moreover, the court found Defendants to have entered into a “common scheme” and to be collectively responsible for the breach of contract and damages incurred 18 Additionally, Tennessee Code Annotated § 29-11-107(f) (West July 1, 2013, to current) provides, as an exception to…”
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