Tennessee Statute of Repose – FAQs

Tennessee Statute of Repose – FAQs
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What is a statute of repose?

A statute of repose is a law that sets a hard deadline to file a lawsuit based on when something was built, sold, or completed—not when the injury happens. It cuts off the right to sue completely after a certain number of years, even if you didn’t know about the problem or injury. This is different from a statute of limitations, which usually starts when the injury is discovered.

Why do some states have statutes of repose?

States created these laws to give finality and certainty to builders and manufacturers, prevent lawsuits based on very old projects or products, and address concerns about lost evidence, faded memories, and long-term liability exposure.  Currently, 30 of the 50 United States still have a statue of repose.

What statutes of repose does Tennessee have?

Tennessee has several, including: construction/improvements to real property (4 years); products liability (10 years); and medical malpractice (3 years). Each applies depending on the type of case.

Are there any exceptions to the statute of repose?

Yes, but they are very limited and strictly applied. In Tennessee construction cases, examples include:

  • Injury in the 4th year (you may get 1 additional year to file, up to 5 years total)
  • Fraud or intentional concealment
  • Property owners in control generally cannot use the statute as a defense. Courts apply these exceptions narrowly.

What are some examples of ways that Tennessee’s statute of repose can hurt consumers?

Statutes of repose tend to favor corporations over the safety of consumers. A defective building component fails years later; a dangerous condition like a guardrail causes injury after 4 years; or a defect is hidden and undiscoverable until it causes harm. In these situations, people can be seriously injured and still have no legal remedy.

What is the typical statute of repose length?

10 years is the most common length for a statute of repose. Tennessee’s 4-year construction statute is the shortest statue of repose for construction cases in the country.

How can Tennessee’s construction statute of repose harm consumers?

It allows only 4 years from completion, while many defects take years to develop or are hidden. If the issue causes injury after 4 years, the injured person may have no case at all.

What statute of repose do other states in the Southeast have?

Southeastern states comparison: Tennessee (4 years, up to 5 max); Kentucky (7 years, 8 max); Virginia (5 years); North Carolina (6–12 years); South Carolina (8 years); Georgia (8 years, 10 max); Alabama (7 years); Mississippi (6 years); Arkansas (5 years); Florida (10 years); Missouri (10 years).

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