Tenn. Code Ann. § 28-3-104

Section 28-3-104 gives negligent supervision claims a one-year limitations period.

Finley v. Kondaur Capital Corp. · filed 2012-12-19

The statute of limitations for tort actions such as negligent supervision is one year. ... Moreover, even assuming arguendo that a cause of action accrued at the time the foreclosure proceedings began, on May 10, 2010, Finley’s complaint was filed more than one year later, on February 17, 2012. See Original Compl. Therefore, Count III is dismissed as untimely.

Section 28-3-104(a) gives abuse of process claims a one-year limitations period because they involve injury to a personal right.

Blalock v. Preston Law Group, P.C. · filed 2012-09-28(a)

We therefore find that abuse of process falls squarely within the ambit of Tenn. Code Ann. § 28-3-104, and that the trial court correctly found that it is subject to the one-year statute of limitations.

Section 28-3-104 gives a medical malpractice claimant one year from accrual to file suit.

Sherill v. Bob T. Souder, M.D. · filed 2009-02-27

Tenn. Code Ann. § 28-3-104 mandates a one year statute of limitations from the date of accrual of a medical malpractice claim.

The one-year period for legal malpractice begins when a reasonable person would be on notice of an injury caused by the attorney, and continued representation does not toll it.

Lufkin v. Conner · filed 2010-09-28(a)(2)

When, as is the situation as already discussed here, a reasonable person would be on notice that he has suffered an injury as a result of the alleged malpractice of his attorney the statute of limitations begins to run and is not tolled by the attorney’s continued representation.

Section 28-3-104(a)(1) provides a one-year limitations period for personal tort claims, which also applies by analogy to abuse of process claims.

Law v. Law · filed 2008-05-29(a)(1)

The most nearly analogous statute is that for personal torts, including malicious prosecution claims, which provides for a period of one year from the date on which the cause of action accrued. See Tenn. Code Ann. § 28-3-104(a)(1). In the absence of a specific statute of limitations for abuse of process claims, we believe that a Tennessee court would apply the one-year statute to such claims.

Section 28-3-104(a)(1) gives an outrageous conduct claim a one-year limitations period.

Susan Diane Jones v.s Steven Travis Dorrough · filed 2005-04-26(a)(1)

As a personal tort action, an action for outrageous conduct is governed by the statute of limitations set forth at Tenn. Code Ann. §28-3-104 which provides in pertinent part as follows: ... Accordingly, Mr. Dorrough’s tort causes of action in that case were barred under either Tenn. Code Ann. §28-3-104 or §28-3-105 and, thus, were appropriately dismissed by summary judgment.

Section 28-3-104(a) requires a medical malpractice action to be filed within one year after it accrues; learning the full extent of an already known injury does not delay the deadline.

Pugh v. State of Tennessee · filed 2005-02-03(a)

An action for medical malpractice “shall be commenced within one (1) year after the cause of action accrued.” Tenn. Code Ann. § 28-3-104(a) (2003); see also Tenn. Code Ann. § 29-26-116(a)(1) (“The statute of limitations in malpractice actions shall be one (1) year as set forth in § 28-3-104.”). ... By October 2001 at the latest, Mr. Pugh had sufficient facts which would put a reasonable person on notice that he had suffered an injury due to the State’s negligence. Accordingly, the statute of limitations began to run against Mr. Pugh’s claim no later than October 2001. He filed his complaint in February 2003, well beyond the applicable statute of limitations.

Section 28-3-104 gives a civil conspiracy claimant one year from an overt act that causes damage to bring a claim.

Prism Partners, L.P. v. Michael D. Figlio v. Prism Partners, L.P. Larry Cherry · filed 2001-12-03

The statute of limitations for conspiracy is only one year. Braswell v. Carothers, 863 S.W.2d 722, 725 (Tenn. App. 1993); Harvest Corp. v. Ernst & Whinney, 610 S.W.2d 727, 729-30 (Tenn. App. 1980); T.C.A. § 28-3-104 (Supp. 1990). This one-year period of limitation, however, does not begin to run until the time that an overt act of the conspiracy occurs which causes damage to the complainant.

Section 28-3-104(c)(1) gives accounting malpractice claims a one-year limitations period when the gravamen of the claim is malpractice, even if pleaded as breach of contract or fiduciary duty.

Beckwith v. LBMC, P.C. · filed 2019-03-21(c)(1)

Because the gravamen of each claim was accounting malpractice, we conclude that the one-year statute of limitations for accounting malpractice actions applied.

Section 28-3-104(a)(2) imposes a one-year limitations period on accounting malpractice claims.

Miller v. Stone · filed 2005-03-29(a)(2)

As an additional basis for granting summary judgment to Stone, the trial court relied on the one-year statute of limitations for accounting malpractice, codified at Tenn. Code Ann. § 28-3- 104(a)(2) (2000). ... Accordingly, we hold that the plaintiff’s claims against Stone are barred by the one-year statute of limitations and we affirm the trial court’s grant of summary judgment to Stone on this ground.

Section 28-3-104(a)(2) imposes a one-year limitations period on claims involving accounting services or an accountant’s special skills and expertise.

Clint Black v. Sussman · filed 2011-06-09(a)(2)

For those claims involving the provision of accounting services or the use of an accountant’s special skills and expertise, the one-year statute of limitations for accounting malpractice applies.

The one-year period for personal tort actions may be subject to equitable estoppel when a defendant induces a plaintiff to delay filing; disputed facts about that inducement preclude summary judgment.

Thomas v. Carpenter · filed 2005-06-29

There is no dispute that the Thomases filed their complaint outside the one-year statute of limitations. ... The doctrine of equitable estoppel may be applied to prevent a defendant who has actively induced a plaintiff to delay filing suit from asserting the statute of limitations as a defense. ... Accordingly, summary judgement in not appropriate.

A plaintiff who plausibly alleges that a defendant concealed the date of an incident may pursue discovery on equitable estoppel before dismissal under the one-year limitations period.

Billingsley v. John Doe 1 · filed 2022-09-07(a)(3)

Absent discovery on whether Plaintiff is entitled to equitably estop Defendants from asserting the statute of limitations as a defense, it is premature to dismiss Plaintiff’s civil rights suit.

The one-year limit for legal malpractice does not bar a claim based on a later negligent act merely because a claim based on an earlier act is time-barred.

Carmack v. Louis W. Oliver, III · filed 2007-11-26(a)(2)

Our courts have not held that the passing of the statute of limitations on earlier acts of alleged professional negligence immunizes a defendant attorney from liability for any later such acts. We see no reason to preclude injured clients from recovering from an attorney whose malpractice injures them simply because they chose not to sue or change attorneys because of earlier injury based on a different act.

The one-year limitations period for legal malpractice does not bar a claim alleging an attorney’s intentional fraud.

Vazeen v. Sir · filed 2018-12-05(c)(1)

In the present case, plaintiff has alleged intentional misconduct, so his claim is not barred by the one-year statute of limitations for legal malpractice.

Section 28-3-104(a)(2) imposes a one-year limitations period on claims against attorneys, including claims pleaded as breach of contract, fraud, theft by deception, or conversion.

Ferrell v. Fletcher Long · filed 2009-05-14(a)(2)

Like Swett, this case involves a claim for breach of contract against an attorney. Swett found that the one year statute of limitations governs this situation. Id. Since Tenn. Code Ann. § 28-3-104(a)(2) applies to torts as well, it also controls Ferrell’s claims for fraud, theft by deception and conversion.

The one-year limitations period for personal injury product liability claims may be waived through a tolling agreement, even after a claim has expired.

Delano v. Abbott Laboratories · filed 2012-12-06

It does not follow, however, that a tolling agreement cannot save an expired claim. In Tennessee,, defendants can agree to waive the statute of limitations through tolling agreements.

A loss of consortium claim accrues under the one-year limitations period when the deprived spouse actually experiences the loss of the injured spouse’s services or benefits.

Igou v. Vanderbilt University · filed 2015-03-27(a)

For purposes of the statute of limitations, the claim accrues when the deprived spouse actually experiences the loss of the impaired spouse‘s services and benefits.

Section 28-3-104 gives a loss of consortium claim a one-year limitations period.

Dey v. Subaru of America, Inc. · filed 2022-10-13

Moreover, to the extent Plaintiff seeks to bring an additional loss of consortium claim on her husband’s behalf, that claim would be barred by Tennessee’s one-year statute of limitations. See Tenn. Code Ann. § 28-3-104.

Section 28-3-104(a)(1) gives a plaintiff one year to commence a personal injury action; a timely complaint does not preserve the claim if the plaintiff fails to properly serve the defendants within the time allowed.

Urban v. Robin Nichols, individually and d/b/a Willow Brook Lodge · filed 2015-09-04(a)(1)

“The following actions shall be commenced within one (1) year after the cause of action accrued: (1) Actions for libel, for injuries to the person, false imprisonment, malicious prosecution, breach of marriage promise.” Tenn. Code Ann. § 28-3-104(a)(1) (emphasis added). ... Because Ms. Urban did not properly serve Defendants before July 11, 2013, no choice was left to the trial court but to dismiss the claim.

Section 28-3-104 gives abuse-of-process claims a one-year limitations period, subject to Tennessee’s discovery rule.

Lloyd v. Midland Funding, LLC · filed 2015-12-07

The district court properly held that Lloyd’s state-law claim for abuse of process is time barred under Tennessee’s applicable one-year statute of limitations.

Section 28-3-104’s one-year limit for personal injury actions does not require an insured to serve an uninsured motorist carrier within one year of the accident.

Larrystine Bates v. Greene · filed 2017-07-27(a)(1)

The issue raised by Plaintiff on appeal is whether her claim against Shelter was governed by the one-year statute of limitations for personal injury actions or the six-year statute of limitations for contract actions. For the following reasons, we conclude that the one-year statute of limitations is inapplicable, and we reverse and remand for further proceedings.

Section 28-3-104’s two-year period does not apply to an uncharged co-defendant merely because another defendant was criminally charged for the injury.

Brock v. Hamblen County · filed 2020-06-17(a)(2)

A strict reading of this statute does not allow for a two-year limit against a co-defendant merely because another defendant received a criminal charge.

Section 28-3-104(a)(2) gives an injured person two years to file a personal injury action when a traffic citation for failure to exercise due care results in criminal charges and a prosecution commenced by a law enforcement officer.

REGINALD M. YOUNGER v. OKBAHHANES · filed 2021-01-28(a)(2)

We hold that the traffic citation issued to Defendant for failure to exercise due care, which had been prepared, accepted, and the original citation filed with the court, is a criminal charge and a criminal prosecution by a law enforcement officer, such that Tennessee Code Annotated § 28-3-104(a)(2) is applicable to extend the statute of limitations in this action to two years.

Section 28-3-104 gives a plaintiff one year to bring a statutory bad faith insurance claim under § 56-7-105.

Thomas v. Allstate Insurance Company · filed 2021-03-04(a)(4)

Plaintiff’s allegations of bad faith are also barred under the one-year statute of limitations, T.C.A. § 28-3-104, that courts have applied when analyzing bad faith claims arising under T.C.A. § 56-7-105.

Section 28-3-104(a) supplies a one-year limitations period for Section 1983 claims brought in Tennessee.

Mitchell v. Rudd Medical Services · filed 2021-03-23(a)

The statute of limitations for claims brought under Section 1983 in Tennessee is one year. Jordan v. Blount Cnty., 885 F.3d 413, 415 (6th Cir. 2018) (citing Tenn. Code Ann. § 28-3-104(a)). Here, Plaintiff knew of the act providing the basis for this action on December 23, 2019, when he allegedly sustained his injuries. Thus, the deadline for Plaintiff to file Section 1983 claims based on this injury would typically be December 23, 2020.

Section 28-3-104 provides a one-year limitations period for personal injury actions, which federal courts apply to § 1983 claims brought in Tennessee.

Jackson v. Hammond · filed 2022-06-28

In § 1983 actions, federal district courts apply the State’s statute of limitations for personal injury actions. See Wallace v. Kato, 549 U.S. 384, 387 (2007). In Tennessee, that period is one year. See Tenn. Code Ann. § 28-3-104; Foster v. State, 150 S.W.3d 166, 168 (Tenn. Ct. App. 2004) (applying the one-year statute of limitations from Tenn. Code Ann. § 28-3-104 in a § 1983 claim).

Section 28-3-104 supplies a one-year limitations period for § 1983 claims brought in Tennessee.

Rush v. Lincoln County Jail · filed 2023-12-18

Tennessee’s statute of limitations for personal injury actions is applicable to Plaintiff’s § 1983 claims. See Wallace v. Kato, 549 U.S. 384, 387 (2007). In Tennessee, that period is one year. See Tenn. Code Ann. § 28-3-104; Foster v. State, 150 S.W.3d 166, 168 (Tenn. Ct. App. 2004) (applying the one-year statute of limitations from Tenn. Code Ann. § 28-3-104 in a § 1983 claim).

Section 28-3-104(a)(4) gives a statutory insurance bad faith claim a one-year limitations period.

BC North Partners v. Pennsylvania National Mutual Casualty Insurance Company · filed 2024-11-22(a)(4)

The statutory bad faith claim under Tenn. Code Ann. § 56-7-105 has a one-year statute of limitations. See Montesi v. Nationwide Mut. Ins. Co., 970 F. Supp. 2d 784, 791 (W.D. Tenn. 2013) (explaining that courts interpreting the bad faith statute apply the one-year statute of limitations contained in Tenn. Code Ann. § 28-3-104(a)(4) which requires “actions for statutory penalties to be commenced within one year after the cause of action accrued”).

Section 28-3-104 sets a one-year limitations period for personal-injury tort claims, which the court applied to the § 1983 claims.

Abbey v. Metropolitan Government of Nashville Davidson County · filed 2025-07-09(a)(1)(A)

Here, Abbey’s and D.H.’s § 1983 claims borrow “the statute of limitations from Tennessee for personal-injury torts,” which are one year. ... At bottom, Defendants are correct that the allegations establish that Abbey and D.H. filed their § 1983 false arrest/unlawful seizure, unreasonable search, and excessive force claims nearly three years too late on April 3, 2023.

Section 28-3-104(a)(3) supplies a one-year limitations period for § 1983 claims brought in Tennessee.

Byrum v. Knox County, Tennessee · filed 2025-09-12(a)(3)

Thus, Plaintiff filed her amended complaint after Tennessee’s one-year statute of limitations, which applies in this case, expired. Harris v. United States, 422 F.3d 322, 331 (6th Cir. 2005); Tenn. Code Ann. § 28-3-104(a)(3).

Section 28-3-104(a)(1) supplies a one-year limitations period for Section 1983 claims arising in Tennessee.

Smiley · filed 2025-12-02(a)(1)

In Tennessee, the applicable limitations period is one year. Dibrell v. City of Knoxville, Tennessee, 984 F.3d 1156, 1161 (6th Cir. 2021) (citing Tenn. Code Ann. § 28-3-104(a)(1)). In this case, the last incident complained of occurred in October 2023, so the December 2024 filing of this action would be untimely even if the Complaint were not factually frivolous.

Section 28-3-104(a)(3) provides a one-year limitations period for § 1983 actions in Tennessee.

Reese · filed 2025-12-02(a)(3)

Tennessee applies a one-year statute of limitations to § 1983 actions.

Section 28-3-104(a)(1)(C) provides a one-year limitations period for statutory bad faith insurance claims; a proposed claim is not futile on limitations grounds when the amended complaint does not clearly show that the period has run.

Mid-America Apartment Communities, Inc. v. Liberty Insurance Underwriters · filed 2026-04-17(a)(1)(C)

Specifically, Liberty asserts that Plaintiff’s bad faith claim under Tennessee Code Ann. § 56-7-105 is untimely, given the one-year statute of limitations applicable to such statutory claims under Tennessee law. See Tenn. Code Ann. § 28-3-104(a)(1)(C). ... Although there is no dispute between the Parties that a one-year statute of limitations applies to Plaintiff’s bad faith statutory claim against Liberty, they dispute when MAA’s injury accrued. ... Ultimately, it is not clear on the face of the amended complaint that Plaintiff’s statutory bad faith claim is time barred. Therefore, Liberty’s argument that amendment would be futile based on the claim being time-barred is unpersuasive.

Section 28-3-104(a)(1) provides a one-year limitations period for Section 1983 claims in Tennessee.

Hicks · filed 2026-05-14(a)(1)

Tennessee’s one-year statute of limitations applies to Plaintiff’s Section 1983 claims. See Harris v. United States, 422 F.3d 322, 331 (6th Cir. 2005); Zundel v. Holder, 687 F.3d 271, 281 (6th Cir. 2012); Tenn. Code Ann. § 28-3-104(a)(1).

Section 28-3-104(a)(1) supplies the one-year limitations period for § 1983 claims arising in Tennessee.

Green · filed 2026-05-22(a)(1)

In Tennessee, the applicable limitations period is one year from the date of the claim’s accrual. Dibrell v. City of Knoxville, Tennessee, 984 F.3d 1156, 1161 (6th Cir. 2021) (citing Tenn. Code Ann. § 28-3-104(a)(1)).

Section 28-3-104 sets the general time limit for bringing a tort claim, but meeting it does not excuse a late appeal of a denied claim to the Claims Commission.

Howard v. State of Tennessee · filed 2021-08-26

Stated differently, being within the limitation of time provided by section 28-3-104 does not render the requirements of section 9-8-402(c) inapposite because the statutes provide separate, distinct requirements for bringing a claim of this type.

A timely state-court action does not preserve the limitations period for a later federal action arising from the same facts; each action has its own limitations period.

Stewart v. Knox County · filed 2022-07-07(a)(1)(C)

Tennessee law acknowledges that more than ... one “action” arising out of “a common nucleus of operative facts” can exist concurrently in state and federal court—in fact, it prohibits them. See Tenn. Code Ann. § 28-3-104(a)(1)(C). Despite their assertions to the contrary, Plaintiffs filed two actions here, and each was subject to its own statutes of limitation.

Section 28-3-104’s one-year limitations period applies to a breach of warranty claim seeking damages for personal injuries.

In Re: Testosterone Replacement Therapy Products Liability Litigation · filed 2023-02-07(a)(1)

The Court therefore concludes that the one-year statute of limitations period also applies to Reynolds's breach of warranty claim.

Section 28-3-104’s one-year limitations period applies to a breach of warranty claim seeking damages for personal injuries.

Reynolds v. AbbVie Inc. · filed 2023-02-07(a)(1)

The Court therefore concludes that the one-year statute of limitations period also applies to Reynolds's breach of warranty claim.

Section 28-3-104(c)(1)’s one-year malpractice limitations period applies to claims against licensed public accountants, certified public accountants, and attorneys, but not insurance professionals.

Mutual Work Comp Solutions, LLC v. BaronHR · filed 2025-10-29(c)(1)

Moreover, Gunnin’s claim that T.C.A. § 28-3-104(c)(1) applies because Mutual Work’s claim involves professional malpractice is incorrect. Simply put, the statute only includes actions against “licensed public accountants, certified public accountants, and attorneys” for malpractice. TENN. CODE. ANN. § 104(c)(1). Notably, insurance professionals are not listed.