Section 28-3-104 - Personal tort actions; actions against certain professionals

4 Analyses of this statute by attorneys

  1. 50-State Survey of Statutes of Limitations and Repose in Prescription Product Liability Cases

    Butler Snow LLPKatelyn AshtonNovember 16, 2020

    South Dakota applies the discovery rule, which delays the beginning of the limitation period until the injury “occurred, became known or should have become known to the injured party.” Id.Statute of Repose: None.TennesseeStatute of Limitations: 1 year. Tenn. Code Ann. § 28-3-104. Tennessee applies the discovery rule, delaying accrual until the injury is discovered, or when in the exercise of reasonable care and diligence, it should have been discovered.

  2. Burying the Gravamen Dispute: The Tennessee Supreme Court Clarifies How to Determine the Applicable Statute of Limitations

    Butler Snow LLPC.E. Hunter BrushFebruary 24, 2015

    In most cases, the applicable statute of limitations is clear – one year for a personal injury claim (Tenn. Code Ann. § 28-3-104(1)), three years for a claim for injury to real or personal property (Tenn. Code Ann. § 28-3-105(1)), six years for a breach of contract claim (Tenn. Code Ann. § 28-3-109(3)), etc. – or at least undisputed by the parties. When the applicable statute of limitations is not clear or disputed by the parties, e.g. in cases involving alternative claims and requests for relief, Tennessee courts analyze “the basis for which damages are sought,” i.e. the “gravamen” analysis.

  3. Sue Now, or Forever Hold Your Peace

    Burr & Forman LLPJohn Paul NefflenFebruary 9, 2015

    [2] Tenn. Code Ann. § 28-3-105(1).[3] Tenn. Code Ann. § 28-3-104(c)(1).[4] Tenn. Code Ann. § 28-3-110(a)(3).

  4. New Statute of Repose for Legal Malpractice Actions in Tennessee

    Butler Snow LLPC.E. Hunter BrushJuly 3, 2014

    Professional malpractice suits against licensed public accountants, certified public accountants, and attorneys must be filed within one (1) year after the accrual of the cause of action. Tenn. Code Ann. § 28-3-104(a)(2).[i] After July 1, 2014, these professional malpractice suits will also be subject to a five (5) year repose period, which begins to run “after the date on which the act or omission occurred.”