What Is the Property Damage Statute of Limitations In Tennessee?

Pay attention to Tennessee's statute of limitations and preserve your right to file a lawsuit over damaged or destroyed property.

By , J.D. · University of San Francisco School of Law

If someone else's negligent or intentional conduct resulted in damage to your property in Tennessee, you might have the option of filing a lawsuit over the incident. If so, it's important to understand the statute of limitations as it applies to property damage claims. Let's look at how this law works in Tennessee, situations that might extend the filing deadline, and more.

"Statute of Limitations" Defined

A "statute of limitations" is a law that puts a limit on how much time can pass between:

  • the occurrence of some kind of wrongdoing that harms you (financially, physically, or otherwise), and
  • when you must file a lawsuit in court asking for a legal remedy for that wrongdoing.

Every state has these laws on the books, with different time limits depending on the kind of case being filed.

The Tennessee Filing Deadline for Property Damage Lawsuits

In Tennessee, whether your potential case involves damage to real property (your house or your land, for example) or personal property (including vehicle damage), it must be brought to the state's civil court system within three years. This rule can be found at Tennessee Code section 28-3-105, which sets this three-year deadline for all "actions for injuries to personal or real property."

So, if a homeowner wants to bring a lawsuit for physical damage to the exterior of a house caused by someone else's negligence, that case must be brought within three years in Tennessee. The same goes for a vehicle damage claim after a car accident. In both situations, the statute of limitations "clock" usually starts ticking as soon as the property owner becomes aware (or should have become aware) that someone caused damage to their property.

Learn more about how property damage claims work.

What If I Miss the Lawsuit Filing Deadline In Tennessee?

If you try to file your Tennessee property damage lawsuit after the three-year deadline has passed, chances are good that:

  • the defendant (the person you're trying to sue) will ask the court to dismiss the case, and
  • the court will agree to the dismissal (except in rare cases where an exemption from the deadline applies; more on these in the next section).

Once your case is dismissed, you've lost your right to any legal remedy for your damaged property. That's why it's crucial to pay attention to (and comply with) the Tennessee statute of limitations for property damage claims.

Can the Statute of Limitations Be Extended In Tennessee?

For most kinds of civil lawsuits in Tennessee—including property damage claims -- a number of (relatively rare) situations could effectively extend the three-year lawsuit filing deadline laid out in the statute of limitations. For example:

  • If the property owner was under 18 or had been "adjudicated incompetent" at the time the damage occurred, they'll likely have three years to get any property damage lawsuit filed once they reach 18 or have their competence restored. (Tennessee Code section 28-1-106.)
  • If the person who caused the property damage leaves the state of Tennessee before they can be served with the lawsuit, the period of absence probably won't be counted as part of the three-year filing period (the "clock" won't run during this time, in other words). (Tennessee Code section 28-1-111.)

Other circumstances may affect the Tennessee statute of limitations, and how it's calculated. If you've got questions about the statute of limitations as it applies to your potential property damage lawsuit, an experienced Tennessee attorney will have the answers.

Can I File a Property Damage Lawsuit In Small Claims Court In Tennessee?

Yes, small claims court is a good option for property damage cases in Tennessee, because the state's dollar limit for filing these kinds of cases is unusually high. If your losses ("damages" in the language of the law) look like they'll add up to less than $25,000, you can file your lawsuit in one of Tennessee's General Sessions Courts, which hear small claims. Learn more about Tennessee's General Sessions Courts (from tncourts.gov).

Do I Need a Lawyer for a Tennessee Property Damage Claim?

The short answer here is that you don't need a lawyer to bring a property damage case in Tennessee. If insurance coverage applies to your claim (i.e. after a car accident, your vehicle damage is covered by the at-fault driver's insurance), handling the claim process on your own might make sense. Paying for a lawyer at this stage might not even be worth it unless your losses are significant.

But a Tennessee lawyer's help might be crucial if personal injury or some other legal concern overlaps the property damage issue, and at that point a lawyer might take your case on a contingency fee basis, meaning you won't pay for the lawyer's services unless you receive a settlement or court award. Get tips on finding the right lawyer for you and your case.

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