Legal Question in Personal Injury in Tennessee
personal injury
under Tennessee law can a minor occupant of a vehicle sue the driver his parent for negligence?
1 Answer from Attorneys
Re: personal injury
Short answer is Maybe- but it is likely there will be no insurance coverage for such a claim. 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.