Legal Question in Personal Injury in Tennessee

Re: personal injury

Short answer is Maybe- but it is likely there will be no insurance coverage for such a claim. It may make a difference if the child did not live with the parent. Nevertheless- In 1994 the TN Supreme Court reconsidered the applicability of the doctrine of parental immunity

and held that a child may recover for injuries caused by parental conduct that falls outside the scope

of the parent-child relationship. Broadwell, 871 S.W.2d at 473. The Court limited the doctrine of

parental immunity in Tennessee “to conduct that constitutes the exercise of parental authority, the

performance of parental supervision, and the provision of parental care and custody.” Id. at 476-77.

It was further noted that the application of parental immunity depends upon both the nature of the acts and the context in which the parent performed the acts. Id. at 476 n.2.

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