Tennessee Code Annotated

Tenn. Code Ann. § 29-20-204 (2026)

Removal of immunity for injury from dangerous structures - Exception - Notice required

✓ current as of May 2026

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(a) Immunity from suit of a governmental entity is removed for any injury caused by the dangerous or defective condition of any public building, structure, dam, reservoir or other public improvement owned and controlled by such governmental entity.

(b) Immunity is not removed for latent defective conditions, nor shall this section apply unless constructive and/or actual notice to the governmental entity of such condition be alleged and proved in addition to the procedural notice required by [former] § 29-20-302 [repealed].

Acts 1973, ch. 345, § 9; T.C.A., § 23-3310.

Notes of Decisions

Cited in 79 cases (11 in the last 5 years), 1983–2024 · leading case: Keaton v. Hancock Cnty. Bd. of Educ., 119 S.W.3d 218 (Tenn. Ct. App. 2003).

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Keaton v. Hancock Cnty. Bd. of Educ., 119 S.W.3d 218 (Tenn. Ct. App. 2003). · cites it 11× “The defendant appeals, contending (1) that it is immune from suit pursuant to Tenn.Code Ann. § 29-20-204 (2000); 2 (2) that it was not negligent; and (3) that any negligence it may have committed is outweighed by that of the plaintiff’s.”

Mowdy v. Kelly, 667 S.W.2d 489 (Tenn. Ct. App. 1983). · cites it 26× “§ 29-20-203 removes governmental immunity for injury from unsafe streets and highways and T.C.A. § 29-20-204 removes immunity for injury from dangerous structures.”

Hawks v. City of Westmoreland, 960 S.W.2d 10 (Tenn. 1997). · cites it 7× “As previously stated, the courts below found the City of Westmoreland amenable to suit in this case pursuant to Tenn.Code Ann. § 29-20-204 (1980 Repl.), which provides as follows: (a) Immunity from suit of a governmental entity is removed for any injury caused by the dangerous…”

C. Wesley Fowler as Adm'r Ad Litem of the Est. of Frank Jackson v. City of Memphis, 514 S.W.3d 732 (Tenn. Ct. App. 2016). · cites it 4× “MLGW relies on Tennessee Code Annotated Section 29-20-204 in its brief. Because both statutes require actual or constructive notice of a dangerous or defective condition, the dispute is not material to this appeal.”

Halliburton v. Town of Halls, 295 S.W.3d 636 (Tenn. Ct. App. 2008). · cites it 8× “1 Tenn.Code Ann. § 29-20-204 states the following: *640 (a) Immunity from suit of a governmental entity is removed for any injury caused by the dangerous or defective condition of any public building, structure, dam, reservoir, or other public improvement owned and controlled by…”

Kirby v. MacOn Cnty., 892 S.W.2d 403 (Tenn. 1994). · cites it 2× “§ 29-20-202(a)), “for any injury caused by a defective, unsafe, or dangerous condition of any street, alley sidewalk or highway,” (Tenn.Code Ann. § 29-20-203(a)), “for any injury caused by the dangerous or defective condition of any public building, structure, dam, reservoir or…”

McGaughy v. City of Memphis, 823 S.W.2d 209 (Tenn. Ct. App. 1991). · cites it 6× “Whether the Trial Court erred in failing to consider the statutory provisions of T.C.A. § 29-20-204 relative to dangerous structures, required notice, and/or latent defective conditions? T.”

Lindgren v. City of Johnson City, 88 S.W.3d 581 (Tenn. Ct. App. 2002). · cites it 2× “"Whether the Plaintiffs failed to present sufficient evidence as required by Tenn.Code Ann. § 29-20-204(b) that the Defendant City of Johnson City had actual and/or constructive notice of the alleged dangerous condition of the sanitary sewer cover on which the Plaintiff William…”

Helton v. Knox Cnty., Tenn., 922 S.W.2d 877 (Tenn. 1996). · cites it 2× “Tenn.Code Ann. § 29-20-204(a) (1980). 9 .”

Britton v. Claiborne Cnty., 898 S.W.2d 220 (Tenn. Ct. App. 1994). · cites it 4× “,” and T.C.A. § 29-20-204, which at subsection (a) removes sovereign immunity for injuries “caused by the dangerous or defective condition of any public building, structure, dam, reservoir or other public improvement owned and controlled by such governmental entity.”

Lucius v. City of Memphis, 925 S.W.2d 522 (Tenn. 1996). · cites it 2× “)(immunity removed for injuries resulting from the negligent operation of a motor vehicle or other equipment by an employee in the scope of employment); Tenn.Code Ann. § 29-20-203(a)(1995 Supp.)(immunity removed for injuries caused by a defective, unsafe, or dangerous condition…”

Collier v. Memphis Light, Gas & Water Div., 657 S.W.2d 771 (Tenn. Ct. App. 1983). · cites it 2× “” Tenn.Code Ann. § 29-20-203(a), and the suit against MLG & W is for “injury caused by the dangerous or defective condition of any public building, structure, dam, reservoir or other public improvement owned and controlled by such governmental entity.”

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— Tenn. Code Ann. § 29-20-204(a) — 20 cases

C. Wesley Fowler as Adm'r Ad Litem of the Est. of Frank Jackson v. City of Memphis, 514 S.W.3d 732 (Tenn. Ct. App. 2016). “MLGW relies on Tennessee Code Annotated Section 29-20-204 in its brief. Because both statutes require actual or constructive notice of a dangerous or defective condition, the dispute is not material to this appeal.”

Kirby v. MacOn Cnty., 892 S.W.2d 403 (Tenn. 1994). “§ 29-20-202(a)), “for any injury caused by a defective, unsafe, or dangerous condition of any street, alley sidewalk or highway,” (Tenn.Code Ann. § 29-20-203(a)), “for any injury caused by the dangerous or defective condition of any public building, structure, dam, reservoir or…”

Helton v. Knox Cnty., Tenn., 922 S.W.2d 877 (Tenn. 1996). “Tenn.Code Ann. § 29-20-204(a) (1980). 9 .”

Lucius v. City of Memphis, 925 S.W.2d 522 (Tenn. 1996). “)(immunity removed for injuries resulting from the negligent operation of a motor vehicle or other equipment by an employee in the scope of employment); Tenn.Code Ann. § 29-20-203(a)(1995 Supp.)(immunity removed for injuries caused by a defective, unsafe, or dangerous condition…”

Halliburton v. Town of Halls, 295 S.W.3d 636 (Tenn. Ct. App. 2008). “1 Tenn.Code Ann. § 29-20-204 states the following: *640 (a) Immunity from suit of a governmental entity is removed for any injury caused by the dangerous or defective condition of any public building, structure, dam, reservoir, or other public improvement owned and controlled by…”

— Tenn. Code Ann. § 29-20-204(b) — 12 cases

Hawks v. City of Westmoreland, 960 S.W.2d 10 (Tenn. 1997). “As previously stated, the courts below found the City of Westmoreland amenable to suit in this case pursuant to Tenn.Code Ann. § 29-20-204 (1980 Repl.), which provides as follows: (a) Immunity from suit of a governmental entity is removed for any injury caused by the dangerous…”

Lindgren v. City of Johnson City, 88 S.W.3d 581 (Tenn. Ct. App. 2002). “"Whether the Plaintiffs failed to present sufficient evidence as required by Tenn.Code Ann. § 29-20-204(b) that the Defendant City of Johnson City had actual and/or constructive notice of the alleged dangerous condition of the sanitary sewer cover on which the Plaintiff William…”

McGaughy v. City of Memphis, 823 S.W.2d 209 (Tenn. Ct. App. 1991). “Whether the Trial Court erred in failing to consider the statutory provisions of T.C.A. § 29-20-204 relative to dangerous structures, required notice, and/or latent defective conditions? T.”

Martha McCormick v. Warren Cnty. Bd. of Educ. (Tenn. Ct. App. 2013).

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