Tennessee Statutes
§ 29-38-111 — Comparative fault
Tennessee·Title 29
(a)An action by an individual drug user is governed by the principles of comparative fault. Comparative fault attributed to the plaintiff does not bar recovery, but diminishes the award of compensatory damages proportionally, according to the measure of fault attributed to the plaintiff.
(b)The burden of proving the comparative fault of the plaintiff is on the defendant, which shall be shown by clear and convincing evidence.
(c)Comparative fault shall not be attributed to a plaintiff that is not an individual drug user.
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Tennessee § 29-38-111 (Comparative fault) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
Acts 2005, ch. 377, § 11.
Nearby Sections
15
§ 29-1-101
Application of equitable remedies§ 29-1-102
Injunction pending litigation§ 29-1-103
Receivers pending litigation§ 29-1-104
Receiver's bond§ 29-1-106
Judges granting extraordinary process§ 29-1-107
Statement as to first application§ 29-1-108
Application after refusal§ 29-1-109
Endorsement of refusal§ 29-1-110
Transmission of bill and fiat to clerk§ 29-1-111
Scope of provisions§ 29-10-101
Chapter definitions§ 29-10-103
Enforcement of chapter