Tennessee Code Annotated

Tenn. Code Ann. § 70-7-104 (2026)

Conditions under which liability unaffected

✓ current as of May 2026

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(a) This part does not limit the liability that otherwise exists for:
- (1) Gross negligence, willful or wanton conduct that results in a failure to guard or warn against a dangerous condition, use, structure or activity; or
- (2) Injury caused by acts of persons to whom permission to hunt, fish, trap, camp, hike, sightsee, cave, recreational noncommercial aircraft operations or recreational noncommercial ultra light vehicle operations on private airstrips, or any other legal purpose was granted, to third persons or to persons to whom the person granting permission, or the landowner, lessee, occupant, or any person in control of the land or premises, owed a duty to keep the land or premises safe or to warn of danger.

(b) Subdivision (a)(1) shall not be construed to impose liability or remove the immunity conferred by § 70-7-102 for failure to guard or warn of a dangerous condition created by forces of nature.

Acts 1963, ch. 177, § 5; T.C.A., § 51-805; Acts 1987, ch. 448, §§ 4, 5; 2004, ch. 622, § 9; 2009, ch. 602, § 1; 2010, ch. 968, § 3.

Notes of Decisions

Cited in 15 cases (9 in the last 5 years), 1992–2026 · leading case: Bishop v. Beckner, 109 S.W.3d 725 (Tenn. Ct. App. 2002).

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Bishop v. Beckner, 109 S.W.3d 725 (Tenn. Ct. App. 2002). · cites it 17× “In that claims commission case, the defendant State of Tennessee argued that the plaintiffs complaint did not allege a cause of action because the complaint failed to allege one of the exceptions to immunity set forth in T.C.A. § 70-7-104. Id. at 242. The claims commission…”

Parent v. State, 991 S.W.2d 240 (Tenn. 1999). · cites it 10× “Tenn.Code Ann. § 70-7-104. Tennessee Code Annotated §§ 70-7-101 et seq.”

Sumner v. United States, 794 F. Supp. 1358 (M.D. Tenn. 1992). · cites it 3× “to any person entering on such land for such purposes, except as provided in § 70-7-104. Tenn.Code Ann. § 70-7-102 (emphasis added).”

Curtis Pierce v. State of Tennessee (Tenn. Ct. App. 2021). · cites it 53× “Third, the court must determine whether any of the exceptions in Tenn. Code Ann. § 70-7-104 are applicable to the case.”

In Re Tennessee Valley Auth. Ash Spill Litig., 805 F. Supp. 2d 468 (E.D. Tenn. 2011). “, nor shall such landowner be required to give any warning of hazardous conditions, uses of, structures, or activities on such land or premises to any person entering on such land or premises for such purposes, except as provided in § 70-7-104. T.C.A. § 70-7-102. 6 The Tennessee…”

Tanna Gordon v. State of Tennessee (Tenn. Ct. App. 2024). · cites it 17× “Tenn. Code Ann. § 70-7-104 (a). Our analysis of whether the Recreation Use statute applies is therefore divided into two inquiries: “(1) whether the activity alleged is a recreational activity as defined by the statute; and if so, (2) whether any of the statutory exceptions or…”

Homer McCaig v. Roy L. Whitmore (Tenn. Ct. App. 2016). · cites it 11× “‖ Tenn. Code Ann. § 70-7-104 . The McCaigs argue that the gross negligence exception set out in section 70-7-104 is applicable in this case, and specifically, that Mr.”

Jordan K. Wilson v. David W. Dossett, Am. Honda Motor Co., & Fox Head, Inc. (Tenn. Ct. App. 2013). · cites it 12× “The Trial Court held that Wilson was, in fact, entitled to protection under Tenn. Code Ann. § 70-7-102 . This, however, was not the end of the matter, as Tenn.”

Tammala Thompson v. State of Tennessee (Tenn. Ct. App. 2026). · cites it 6× “A plaintiff may defeat the affirmative defense in three ways: (1) prove that the defendant is not a “landowner,” (2) prove the injured party was not engaged in a recreational activity, or (3) prove the landowner’s conduct fits within one of the exceptions in Tenn. Code Ann. §…”

Robert Bates v. City of Chattanooga (2025). · cites it 3× “Tenn. Code Ann. § 70-7-104 (West eff. July 9, 2012).”

Robert H. Beckham v. City of Waynesboro, Tennessee (2024). · cites it 2× “Tenn. Code Ann. § 70-7-104 (a)(1)–(2). The above exceptions to the TRUS may not be construed to “impose liability or remove the immunity conferred by § 70-7-102 for failure to guard or warn of a dangerous condition created by forces of nature.”

Bird v. United States (E.D. Tenn. 2024). · cites it 2× “nor shall such landowner be required to give any warning of hazardous conditions, uses of, structures, or activities on such land or premises to any person entering on such land or premises for such purposes, except as provided in § 70-7-104. Tenn. Code Ann. § 70-7-102 (a).”

Show all 15 citing cases →

— Tenn. Code Ann. § 70-7-104(1) — 1 case

Bishop v. Beckner, 109 S.W.3d 725 (Tenn. Ct. App. 2002). “In that claims commission case, the defendant State of Tennessee argued that the plaintiffs complaint did not allege a cause of action because the complaint failed to allege one of the exceptions to immunity set forth in T.C.A. § 70-7-104. Id. at 242. The claims commission…”

— Tenn. Code Ann. § 70-7-104(a) — 2 cases

Curtis Pierce v. State of Tennessee (Tenn. Ct. App. 2021). “Third, the court must determine whether any of the exceptions in Tenn. Code Ann. § 70-7-104 are applicable to the case.”

Tammala Thompson v. State of Tennessee (Tenn. Ct. App. 2026). “A plaintiff may defeat the affirmative defense in three ways: (1) prove that the defendant is not a “landowner,” (2) prove the injured party was not engaged in a recreational activity, or (3) prove the landowner’s conduct fits within one of the exceptions in Tenn. Code Ann. §…”

— Tenn. Code Ann. § 70-7-104(a)(1) — 2 cases

Curtis Pierce v. State of Tennessee (Tenn. Ct. App. 2021). “Third, the court must determine whether any of the exceptions in Tenn. Code Ann. § 70-7-104 are applicable to the case.”

Tanna Gordon v. State of Tennessee (Tenn. Ct. App. 2024). “Tenn. Code Ann. § 70-7-104 (a). Our analysis of whether the Recreation Use statute applies is therefore divided into two inquiries: “(1) whether the activity alleged is a recreational activity as defined by the statute; and if so, (2) whether any of the statutory exceptions or…”

— Tenn. Code Ann. § 70-7-104(a)(2) — 1 case

Curtis Pierce v. State of Tennessee (Tenn. Ct. App. 2021). “Third, the court must determine whether any of the exceptions in Tenn. Code Ann. § 70-7-104 are applicable to the case.”

— Tenn. Code Ann. § 70-7-104(b) — 1 case

Curtis Pierce v. State of Tennessee (Tenn. Ct. App. 2021). “Third, the court must determine whether any of the exceptions in Tenn. Code Ann. § 70-7-104 are applicable to the case.”

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