Selected Statutes of Interest to Tort Lawyers

Table of Titles and Chapters

Title 1: Codes and Statutes

Chapter 3 Construction of Statues

Title 4: State Government

Chapter 18 False Claims

Chapter 21 Human Rights

Title 8: Public Officers and Employees

Chapter 8 Sheriffs

Title 11: Natural Areas And Recreation

Chapter 1 Department of Environment and Conservation

Title 12: Public Property, Printing and Contracts

Chapter 4 Public Contracts

Title 16: Courts

Chapter 10 Circuit and Criminal Courts

Chapter 11 Chancery Courts

Title 20: Civil Procedure

Chapter 1 Parties to Action

Chapter 2 Process

Chapter 4 Venue

Chapter 5 Abatement and Survival of Actions

Chapter 7 Continuances

Chapter 9 Trial

Chapter 10 Additur and Remittitur

Chapter 11 Formal Defects in Proceedings

Title 22: Juries and Jurors

Chapter 1 Qualifications and Exemptions

Chapter 2 Selection and Attendance of Jurors

Chapter 3 Examination and Challenge of Jurors

Chapter 4 Compensation of Jurors

Title 23: Attorneys-at-law

Chapter 2 Rights and Duties

Chapter 3 Unauthorized Practice and Improper Conduct

Title 24: Evidence and Witness

Chapter 1 Witness and Privileged Communications

Chapter 2 Attendance of Witnesses

Chapter 4 Compensation of Witnesses

Chapter 5 Presumptions

Chapter 7 Admissibility of Evidence

Chapter 8 Lost Evidence

Chapter 9 Depositions

Title 27: Appeal and Review

Chapter 1 General Provisions

Chapter 2 Rehearing, Review New Trial

Title 28: Limitation of Actions

Chapter 1 General Provisions

Chapter 3 Limitation of Actions Other Than Real

Title 29: Remedies and Special Proceedings

Chapter 2 Statute of Frauds

Chapter 5 Arbitration

Chapter 11 Contribution Among Tort-feasors

Chapter 13 Criminal Injuries Compensation

Chapter 20 Governmental Tort Liability

Chapter 22 Hospitals' Liens

Chapter 24 Libel and Slander

Chapter 26 Medical Malpractice

Chapter 28 Products Liability Actions

Chapter 34 Torts

Title 36: Domestic Relations

Chapter 3 Marriage

Title 37: Juveniles

Chapter 1 Juvenile Courts and Proceedings

Title 39: Criminal Offenses

Chapter 11 General Provisions

Title 43: Agriculture and Horticulture

Chapter 28 Timber

Title 44: Animals and Animal Husbandry

Chapter 8 Fences and Confinement

Chapter 17 Dogs and Cats

Chapter 20 Equine Activities – Liability

Title 47: Commercial Instruments and Transactions

Chapter 18 Consumer Protection

Chapter 25 Trusts – Unlawful Restraint of Trade and Discrimination

Title 50: Employer and Employee

Chapter 6 Workers' Compensation

Title 55: Motor and Other Vehicles

Chapter 8 Operation of vehicles – Rules of the Road

Chapter 9 Equipment – Lighting Regulations

Chapter 10 Accidents, Arrests, Crimes and Penalties

Chapter 52 Child Bicycle Safety

Title 56: Insurance

Chapter 7 Policies and Policyholders

Chapter 8 Unfair Competition and Unfair or Deceptive Practices

Title 57: Intoxicating Liquors

Chapter 10 Alcohol-Related Injuries

Title 62: Professions, Businesses, and Trades

Chapter 5 Funeral Directors and Embalmers

Chapter 50 Limitations on Liability

Title 63: Professional of Healing Arts

Chapter 6 Medicine and Surgery

Title 68: Health, Safety, and Environmental Protection

Chapter 11 Health Facilities and Resources

Chapter 14 Hotels, Food Service Establishments, and Swimming Pools

Chapter 32 Blood Donations

Chapter 105 Blasting and Explosives

Chapter 114 Ski Area Safety and Liability

Chapter 120 Building Regulations

Title 69: Waters, Waterways, Drains, and Levees

Chapter 9 Boating Regulation

Title 70: Wildlife Resources

Chapter 7 Liability of Landowner to Persons Using Land

Title 71: Welfare

Chapter 5 Programs and Services for Poor Persons

Selected Statutes of Interest To Tort Lawyers

Table of Titles, Chapters and Parts

Title 1: Codes and Statutes

Chapter 3 Construction of Statues

Part 1 – Code Commission

1-3-103 Conflicts within Code

Title 4: State Government

Chapter 18 False Claims

4-18-101 Short Title

4-18-102 Chapter Definitions

4-18-103 Liability for violations

4-18-104 Investigation and prosecution

4-18-105 Prohibition against preventing employees from disclosing information – Violations – Remedies

4-18-106 Statute of limitations

4-18-107 Provisions are not exclusive – Liberal construction

4-18-108 Inapplicable to medical claims

Chapter 21 Human Rights

Part 1 – General Provisions

4-21-101 Purpose and intent

4-21-102 Chapter definitions

Title 8: Public Officers and Employees

Chapter 8 Sheriffs

Part 3 – Liability for Wrongs of Deputies

8-8-301 Liability for wrongs of deputies – Limitation

8-8-302 Suits against counties for wrongs of deputies

Title 11: Natural Areas And Recreation

Chapter 1 Department of Environment and Conservation

11-1-109 Violation of rules and regulations punishable as misdemeanor

Title 12: Public Property, Printing and Contracts

Chapter 4 Public Contracts

12-4-119 Authority of commissioner of finance and administration

Title 16: Courts

Chapter 10 Circuit and Criminal Courts

Part 1 – Jurisdiction and Powers

16-10-101 General jurisdiction

16-10-102 Criminal jurisdiction

16-10-103 Will contests

16-10-104 Restoration of citizenship

16-10-105 Arbitrations and agreed cases

16-10-107 Change of name – Legitimation

16-10-108 Divorce – Adoption – Trustees

16-10-109 Partition and sale of property

16-10-110 Abatement of nuisances

16-10-111 Equity powers

16-10-112 Appellate jurisdiction

Chapter 11 Chancery Courts

Part 1 – Jurisdiction and Powers

16-11-101 General powers

16-11-102 Jurisdiction of civil cases – Transfer to circuit court

16-11-103 Jurisdiction of equity cases

16-11-104 Proceedings in aid of execution

16-11-105 Suits by state against corporations

16-11-106 Boundary disputes

16-11-107 Suits on foreign judgments

16-11-108 Persons of unsound mind

16-11-109 Infants and guardians

16-11-110 Divorce proceedings – Adoptions

16-11-111 Partition or sale of property

16-11-112 Arbitration and agreed cases

16-11-113 Appointment of administrator

16-11-114 Venue of suits

Title 20: Civil Procedure

Chapter 1 Parties to Action

20-1-102 Indemnification of nominal plaintiff

20-1-103 Action on bond

20-1-104 Deserted wife as party

20-1-105 Expenses and loss of service incident to injury to child

20-1-107 Several liability on joint obligations

20-1-108 Joinder of defendants on joint and several obligations

20-1-109 Action in name used in instrument

20-1-110 Failure of recovery against joint defendants

20-1-111 Maintaining action after executor or administrator removes from jurisdiction

20-1-112 Defenses of executors sued separately

20-1-113 Separate judgments against executors

20-1-114 Addition of parties

20-1-115 Intervention in property action

20-1-116 Substitution of defendant in property action

20-1-117 Substitution for levying officer

20-1-118 Default judgment against levying officer

20-1-119 Comparative fault – Joinder of third party defendants

Chapter 2 Process

Part 1 – General Provisions

20-2-101 Summons from general sessions court

20-2-102 Security for costs and damages

20-2-103 Date of process shown – Penalty for violation

20-2-104 Issuance of process on Sunday

20-2-105 Service of process on Sunday on parties leaving jurisdiction

20-2-106 Process on Sunday generally prohibited

20-2-107 Process to other counties

20-2-108 Counterpart summons

20-2-109 Service on joint obligor on negotiable paper

20-2-111 Returns made with ink – Penalty for violation

20-2-112 Wrongful death action by other than personal representative pending – Service in civil action against estate

20-2-113 Long-arm statute – Service upon person in foreign country

Part 2 – Long-Arm Statutes

20-2-201 Foreign corporation subject to actions

20-2-202 Actions against unincorporated associations and nonresident partnerships

20-2-203 Use of highways as appointment of agent for process – Pre-trial discovery depositions

20-2-204 Death of party after appointment of agent

20-2-205 Service on secretary of state

20-2-206 Evidence of service through secretary of state

20-2-207 Continuances after service by agent

20-2-208 Actions against steamboat owners

20-2-209 Operation of watercraft in state as appointment of agent for process

20-2-210 Death of party after appointment of agent

20-2-211 Manner of service on secretary of state

20-2-212 Continuances

20-2-213 Other methods of service unaffected

20-2-214 Jurisdiction of persons unavailable to personal service in state – Classes of actions to which applicable

20-2-215 Service on secretary of state – Forwarding by registered or certified mail – Personal representative of deceased defendants – Time for appearance – Registered or certified mail refused

20-2-216 Proof of mailing by secretary of state and receipt by defendant

20-2-217 Extraterritorial personal service – Proof

20-2-218 Causes of action limited

20-2-219 Process under other laws not affected – Liberal construction

20-2-220 Authority of deputy and assistant secretaries of state

20-2-221 Definition of person

20-2-222 Personal jurisdiction based upon enduring relationship

20-2-223 Personal jurisdiction based on conduct

20-2-224 Service outside the state

20-2-225 Other bases of jurisdiction unaffected – Jurisdiction whenever permitted by constitution

20-2-226 Service on the secretary of state – Collection of fee

Chapter 4 Venue

Part 1 – Venue of Actions

20-4-101 Transitory actions

20-4-102 District in which tort arose

20-4-103 Actions in rem

20-4-104 Business office of party

20-4-105 Objection to venue

20-4-106 Venue of actions against foreign corporations

20-4-107 Real property – State or agency a party

Part 2 – Change of Venue

20-4-201 Cases in which venue changeable

20-4-202 One change for each side

20-4-203 Application for change

20-4-204 Allowance of change

20-4-206 Court to which changed – Special venire

20-4-207 Costs of change

20-4-208 Incompetency of judge

20-4-209 Transmission of records

20-4-210 Expense of transmitting records

20-4-211 Expenses relating to jury

Chapter 5 Abatement and Survival of Actions

20-5-101 No abatement where cause survices

20-5-102 Actions surviving death of party

20-5-103 Causes surviving death of tort-feasor

20-5-104 Revival by or against heirs

20-5-105 Revival by or against successor in interest

20-5-106 Injury resulting in death – Succession to cause of action – Beneficiary who is minor or legally incompetent

20-5-107 Prosecution of action by representative or surviving spouse or next of kin

20-5-108 Continuation of decedent's action

20-5-110 Action for death of spouse

20-5-111 Death of beneficiary before action

20-5-112 Death of beneficiary during action

20-5-113 Damages recoverable in wrongful death

20-5-114 Death of executor or administrator

20-5-116 Party substituted in reviver

20-5-117 Death of nominal plaintiff

20-5-120 Automobile liability insurance carrier negligent in failing to settle claim against insured – Survival of action – Assignment of right of action for benefit of creditors

Chapter 7 Continuances

20-7-101 Grounds – Timing

20-7-102 Consent of parties

20-7-103 Terms on which granted

20-7-104 Judgment for costs

20-7-105 Death of party during continuance

20-7-106 Member of general assembly as attorney, party, or witness in case

Chapter 9 Trial

Part 1 – Recording

20-9-101 Appointment of court reporter

20-9-103 Compensation of court reporter

20-9-104 Tape recording of proceedings

Part 2 – Jurors

20-9-201 Calling names of jurors

20-9-202 Delays in trial – Other business

20-9-203 Disability of juror

Part 3 – Arguments

20-9-301 Opening statements – Right of parties to make

20-9-302 Declaration may be read to jury

20-9-303 Demonstrative evidence permitted in argument

20-9-304 Monetary value of pain and suffering permitted in argument

Part 4 – Dismissal

20-9-401 Dismissal against part of defendants

Part 5 – Deliberation and Verdict

20-9-501 Charge to jury in writing

20-9-502 Verdict applied to good count

20-9-503 Scope of general verdict

20-9-504 Value omitted from verdict

20-9-505 Verdict for part of property

20-9-506 Time for decision in nonjury cases

20-9-508 Poll of jury on request

20-9-509 Poll of jury in open court – Persons present

20-9-510 Submission of exhibits to jury

Chapter 10 Additur and Remittitur

20-10-101 Additur

20-10-102 Remittitur

20-10-103 Remittitur under protest – Review by Supreme Court

Chapter 11 Formal Defects in Proceedings

20-11-103 Defective verdict

20-11-108 General sessions court proceedings on appeal

20-11-109 Copy of lost paper

Title 22: Juries and Jurors*

Chapter 1 Qualifications and Exemptions [To be named 1/1/09]*

Part 1 – [To be named]*

22-1-101 Basic qualifications

22-1-101 [To be named 1/1/09]*

22-1-102 Excluded persons

22-1-102 [To be named 1/1/09]*

22-1-103 Occupational and disability exemptions

22-1-103 [To be named 1/1/09]*

22-1-104 Excuse from service

22-1-104 [To be named 1/1/09]*

22-1-105 Disqualification by interest or relationship

22-1-105 [To be named 1/1/09]*

22-1-106 Discharge of unqualified jurors

22-1-106 [To be named 1/1/09]*

22-1-107 Exemption from process

Chapter 2 Selection and Attendance of Jurors [To be named 1/1/09]*

Part 1 – [To be named]

22-2-101 Application of Chapter [To be named]

22-2-101 [To be named 1/1/09]*

22-2-102 Unlawful acts – Penalties [To be named]

22-2-102 [To be named 1/1/09]*

Part 2 – [To be named]

22-2-201 Establishment – Appointment – Qualifications – Compensation – Number

22-2-201 [To be named 1/1/09]*

22-2-202 Appointment of chair – Members' terms – Vacancies – Removal – Quorum

22-2-203 Oath of members

22-2-204 Clerk

Part 3 – [To be named]

22-2-301 Purchase of jury book and box – Custodian

22-2-301 [To be named 1/1/09]*

22-2-302 Selection of names for jury list – Jury book –Jury box

22-2-302 [To be named 1/1/09]*

22-2-303 Counties having courts in two places – Separate records

22-2-303 [To be named 1/1/09]*

22-2-304 Selection of names for jury service

22-2-304 [To be named 1/1/09]*

22-2-305 Summoning jurors

22-2-305 [To be named 1/1/09]*

22-2-306 Publication of jury list – Copies

22-2-306 [To be named 1/1/09]*

22-2-307 Attendance of jurors

22-2-307 [To be named 1/1/09]*

22-2-308 Impaneling juries – Additional jurors

22-2-308 [To be named 1/1/09]*

22-2-309 Replenishing the jury book and jury box – Method in Shelby County

22-2-309 [To be named 1/1/09]*

22-2-310 Irregularities – Investigation by judge

22-2-310 [To be named]

22-2-311 Selection of panel and additional jurors by court

22-2-311 [To be named 1/1/09]*

22-2-312 Discharge during trial

22-2-312 [To be named 1/1/09]*

22-2-313 Validity unaffected by irregularities unless exceptions taken

22-2-313 [To be named 1/1/09]*

22-2-314 Limitation on jury service in Shelby County

22-2-314 [To be named 1/1/09]*

22-2-315 Postponement of jury service

22-2-315 [To be named]*

22-2-316 [To be named]*

Chapter 3 Examination and Challenge of Jurors [To be named 1/1/09]* 91

22-3-101 Absolute right of parties to examine

22-3-101 [To be named 1/1/09]*

22-3-102 Challenge for general causes of incompetency

22-3-102 [To be named 1/1/09]*

22-3-103 Challenge for interest or recent prior service

22-3-103 [To be named 1/1/09]*

22-3-104 Challenge for drunkenness [To be named]

22-3-104 [To be named 1/1/09]*

22-3-105 Peremptory challenges – Effect of consolidation of cases

Chapter 4 Compensation of Jurors [To be named 1/1/09]*

22-4-101 Per diem and travel allowance

22-4-101 [To be named 1/1/09]*

22-4-102 Board and lodgings

22-4-102 [To be named 1/1/09]*

22-4-103 Tales jurors

22-4-103 [To be named 1/1/09]*

22-4-104 Probate of attendance

22-4-104 [To be named 1/1/09]*

22-4-105 Certification of list to county clerk

22-4-105 [To be named 1/1/09]*

22-4-106 Issuance of warrants

22-4-106 [To be named 1/1/09]*

22-4-107 Receipt of warrants for taxes

22-4-107 [To be named 1/1/09]*

22-4-108 Absence from employment – Amount of compensation

22-4-109 Donation of juror reimbursement to criminal injuries compensation fund

Title 23: Attorneys-at-law

Chapter 2 Rights and Duties

23-2-102. Lien on right of action

23-2-103. Lien on action begun before employment

23-2-105. Service of subpoenas

Chapter 3 Unauthorized Practice and Improper Conduct

Part 1 – General Provisions

23-3-103 Unlawful practice prohibited – Penalty

23-3-104 Unlawful division of fees – Penalties

23-3-105 Privileged communications

23-3-106 Testimony as to interests transferred pending action

23-3-109 Advertised fee as basis for court award for services

Title 24: Evidence and Witness

Chapter 1 Witness and Privileged Communications

Part 2 – Privileged Communications

24-1-201 Husband and wife

24-1-202 Transactions with mentally incompetent party

24-1-203 Transactions with decedent or ward – Dead man's statute

24-1-206 Clergy – Communications confidential – Waiver – Misdemeanor offense

24-1-207 Communications between psychiatrist and patient

24-1-208 Persons gathering information for publication or broadcast – Disclosure

24-1-209 Communication between attorney and private detective privileged

24-1-210 Interpreters – Dual party relay operators

24-1-211 Deaf persons – Providing oral or deaf sign language interpreters in administrative and judicial proceedings

Chapter 2 Attendance of Witnesses

24-2-101 Duty to attend

24-2-102 Penalty for failure to appear

24-2-103 Scire facias by circuit court

24-2-104 Scire facias by general sessions judge

24-2-105 Privilege against process

24-2-106 Proceedings against witness on scire facias

24-2-107 Subpoenas – Conflicts with Rules of Civil Procedure

24-2-108 Language required in subpoena

Chapter 4 Compensation of Witnesses

24-4-101 Basic per diem and mileage

24-4-102 Witness residing outside county

24-4-103 Witness before general sessions judge

24-4-104 Maximum number of appearances compensated

24-4-105 Settlement of case

24-4-106 Probate of attendance – Immediate payment – Travel advances in criminal cases

24-4-107 Recovery from successful party

Chapter 5 Presumptions

24-5-110 Determinations of status by federal officers

24-5-111 Negligence of bailee

24-5-112 Continuance of reproductive capacity – Rebuttable presumption

24-5-113 Medical, hospital or doctor bills – Prima facie evidence of necessity and reasonableness

24-5-114 Repair bills

Chapter 7 Admissibility of Evidence

24-7-112 Tests to determine parentage – Admissibility in evidence – Costs

24-7-113 Voluntary acknowledgment of paternity

24-7-115 Opinions as to medical findings

24-7-116 Telephone company records

24-7-118 DNA analysis – Admissibility in evidence

24-7-119 Introduction of reproduction in place of original

24-7-121 Child support payment records

24-7-122 Medical Records

Chapter 8 Lost Evidence

24-8-101 Affidavit of loss

24-8-102 Instrument in possession of adverse party

24-8-109 Lost records

24-8-110 Retaking lost depositions

Chapter 9 Depositions

24-9-101 Deponents exempt from subpoena to trial but subject to subpoena to deposition

24-9-102 General sessions cases

24-9-103 Depositions for use in foreign courts

24-9-104 Commissions to take depositions

24-9-135 Persons before whom depositions to be taken

24-9-136 Persons before whom depositions not to be taken

Title 27: Appeal and Review

Chapter 1 General Provisions

27-1-113 Findings of fact – Scope of review

27-1-120 Reasons for reversal furnished trial court

27-1-122 Damages for frivolous appeal

Chapter 2 Rehearing, Review New Trial

27-2-101 Number of new trials in jury cases

Title 28: Limitation of Actions

Chapter 1 General Provisions

28-1-101 "Action" defined

28-1-102 Commencement at time of right to make demand

28-1-103 Accrual of agent's liability to principal

28-1-104 Accrual of principal's liability to surety or endorser

28-1-105 New action after adverse decision – Contractual limitations periods

28-1-106 Persons under disability on accrual of right

28-1-107 Cases in which disability not an excuse

28-1-108 Disability at time of accrual – Two or more disabilities

28-1-109 Suspension during injunction

28-1-110 Suspension pending administration of estate

28-1-111 Suspension during absence from state

28-1-112 Application of foreign statutes

28-1-113 Actions by state

28-1-114 Counterclaim or third party complaint

28-1-115 Dismissed federal court actions

28-1-116 [To be named]*

Chapter 3 Limitation of Actions Other Than Real

Part 1 – Miscellaneous Limitations

28-3-101 Scope of Chapter

28-3-102 Actions against personal representative

28-3-103 Slander actions

28-3-104 Personal tort actions

28-3-105 Property tort actions – Statutory liabilities

28-3-109 Rent – Official misconduct – Contracts not otherwise covered – Title insurance – Demand notes

28-3-110 Actions on public officers' and fiduciary bonds – Actions not otherwise covered

28-3-114 Actions for faulty surveying – Limitation of action

Part 2 – Limitations on Actions for Defective Improvement of Real Estate

28-3-201 Definitions

28-3-202 Limitation of actions

28-3-203 Injury during fourth year after completion – Limitation of action

28-3-204 Periods otherwise fixed not extended – New cause of action not created

28-3-205 Limitation not defense for party in possession, guilty of fraud, or who conceals cause of action

Title 29: Remedies and Special Proceedings

Chapter 2 Statute of Frauds

29-2-101 Writing required for action

Chapter 5 Arbitration

Part 1 – General Provisions

29-5-101 Subjects of arbitration

29-5-102 Scope of submission

29-5-103 Parties entitled to submit

29-5-104 Contents of agreement – Court of entry

29-5-105 Entry of agreement – Order of submission

29-5-106 Irrevocability of submission

29-5-107 Notice of hearing – Continuances

29-5-108 Failure of parties to appear

29-5-109 Evidence and witnesses

29-5-110 Umpire

29-5-111 Time of filing award

29-5-112 Transmission of award to court

29-5-113 Time of action on award

29-5-114 Rejection or recommittal

29-5-115 Modification of award

29-5-116 Compensation of arbitrators and umpire

29-5-117 Costs

29-5-118 Judgment on award

29-5-119 Common law awards

Part 3 – Uniform Arbitration Act

29-5-301 Short title – "Court" defined

29-5-302 Agreements to submit to arbitration – Jurisdiction

29-5-303 Order for arbitration – Stay of arbitration proceeding – Effect of other proceedings involving issues subject to arbitration

29-5-304 Appointment of arbitrators

29-5-305 Exercise of arbitrators' powers

29-5-306 Conduct of hearings

29-5-307 Right to representation by attorney

29-5-308 Subpoenas – Depositions – Fees

29-5-309 Award

29-5-310 Modification of award

29-5-311 Expenses and fees

29-5-312 Confirmation of award

29-5-313 Vacation of award

29-5-314 Grounds and procedure for modification of award

29-5-315 Entry and enforcement of judgment – Costs

29-5-316 Contents of judgment roll

29-5-317 Application to be by motion – Notice – Service

29-5-318 Venue of initial application

29-5-319 Appeal

29-5-320 Construction of part

Chapter 11 Contribution Among Tort-feasors

29-11-101 Short title

29-11-102 Right of contribution among tort-feasors – Exceptions – Subrogation – Indemnity

29-11-103 Determination of proportionate share of shared liability

29-11-104 Enforcement of contribution – Procedure – Limitation

29-11-105 Effect of release or covenant not to sue upon liability of other tort-feasors

29-11-106 Construction of Chapter

Chapter 13 Criminal Injuries Compensation

Part 1 – General Provisions

29-13-104 Offenses to which compensation applies

29-13-109 Claims; award; determination

29-13-108 Claims; procedure

29-13-113 Subrogation

Chapter 20 Governmental Tort Liability

Part 1 – General Provisions

29-20-101 Title

29-20-102 Chapter definitions 141

29-20-103 Application of Chapter

29-20-104 Applicability of other laws

29-20-105 Inverse condemnation not affected

29-20-106 Workers' compensation not affected

29-20-107 Definition of government employee for tort liability purposes

29-20-108 Immunity of emergency communications district boards – Exception

29-20-109 Immunity of local education agency employees from asbestos-related liability

29-20-110 Annual report

29-20-111 No employee liability for attempts to maintain order in judicial proceedings

Part 2 – Removal of Immunity

29-20-201 General rule of immunity from suit — Exception

29-20-202 Removal of immunity for injury from negligent operation of motor vehicles – Exceptions

29-20-203 Removal of immunity for injury from unsafe streets and highways – Notice required

29-20-204 Removal of immunity for injury from dangerous structures – Exception – Notice required

29-20-205 Removal of immunity for injury caused by negligent act or omission of employees – Exceptions – Immunity for year 2000 computer calculation errors

29-20-206 Construction of Chapter as to liability – Effect of removal of immunity

29-20-207 Liability for injury arising out of the provision of emergency services

Part 3 – Claims Procedure

29-20-303 Failure to comply with notice requirements

29-20-304 Approval or denial of claim – Period for answering claim, action or suit

29-20-305 Action in circuit court generally – General sessions court in certain counties

29-20-306 Bond for costs or pauper's oath

29-20-307 Exclusive jurisdiction – No jury

29-20-308 Venue of actions

29-20-309 Settlement of actions

29-20-310 Determinations to be made by court – Restrictions on claims against employees – Medical malpractice – Immunity indemnification and insurability of local government employees

29-20-311 Judgment over limits of insurance policy prohibited

29-20-312 Payment of claims

29-20-313 Claim of immunity by employee – Multiple defendants

Part 4 – Funding and Insurance

29-20-401 Creation of reserve or special fund – Pooling agreements with other governmental entities – Election to self-insurer

29-20-402 Authority to levy tax

29-20-403 Liability insurance authorized – Compensation for injury – Limits – Limits of liability for self-insuring entities

29-20-404 Waiver of immunity or liability limits – Liabilities arising under federal law

29-20-405 Construction of liability insurance policy not in compliance with law

29-20-406 Liability insurance for employees and sheriffs authorized

29-20-407 Authorization for purchase of insurance without bidding

29-20-408 Catastrophic injuries fund commission created

Chapter 22 Hospitals' Liens

29-22-101 Lien created – Application – Priority

29-22-102 Perfecting lien – Filing and notice – Contesting – Effect of settlement or payment

29-22-103 Duties of circuit court clerk – Hospital lien book – Fee

29-22-104 Impairment of lien – Damages

29-22-105 Release of lien – Fee

29-22-106 Lienholder not to be named on checks or drafts

29-22-107 Limitations on hospital

Chapter 24 Libel and Slander

29-24-101 Charge of adultery or fornication

29-24-102 Costs on nominal recovery

29-24-103 Notice of action against periodical – Effect of retraction

29-24-104 Broadcasting stations

29-24-105 Commercial printers and printing

establishments relieved of liability for libel under certain conditions

Chapter 26 Medical Malpractice

Part 1 – General Provisions

29-26-115 Claimant's burden in malpractice action – Expert testimony – Presumption of negligence – Jury instructions

29-26-116 Statute of limitations – Counterclaim for damages

29-26-117 Plaintiff's demand for specific sum inadmissible during trial

29-26-118 Proving inadequacy of consent

29-26-119 Damages

29-26-120 Attorneys' fees

29-26-121 [To be named]*

29-26-122 [To be named]*

Part 2 – Therapist Sexual Misconduct Victims Compensation

29-26-201 Short title

29-26-202 Intent

29-26-203 Definitions

29-26-204 Elements

29-26-205 Exceptions

29-26-206 Employer liability

29-26-207 Evidence of sexual conduct

29-26-208 Statute of limitations

29-26-209 Damages

29-26-210 Construction

Chapter 28 Products Liability Actions

29-28-101 Short title

29-28-102 Definitions

29-28-103 Limitation of actions – Exception

29-28-104 Compliance with government standards – Rebuttable presumption

29-28-105 Determination of defective or dangerous condition

29-28-106 Seller's liability

29-28-107 Complaint – Statement of damages

29-28-108 Product altered or abnormally used

Chapter 34 Torts

Part 1 – Generally – Privity

29-34-101 Express consent required for settlements

29-34-102 Rescission of fraudulent or erroneous settlements

29-34-104 Privity not required

Part 2 – Tort Liability

29-34-201 Injuries suffered in committing or attempting to commit felony on property of another – Recovery barred – Scope of immunity for one injuring a perpetrator of a criminal offense

Title 36: Domestic Relations

Chapter 3 Marriage

Part 4 – Breach of Marriage Contract

36-3-401 Proof of Contract

36-3-402 Plaintiff's testimony – Corroboration required

36-3-403 Questions considered in determining damages

36-3-404 Measure of damages when defendant over sixty years of age

36-3-405 Joinder with other actions prohibited

Title 37: Juveniles

Chapter 1 Juvenile Courts and Proceedings

Part 6 – Child Sexual Abuse

37-1-612 Confidential or privileged information; access to records; rules and regulations; anonymity of reporters

Title 39: Criminal Offenses

Chapter 11 General Provisions

Part 6 – Justification Excluding Criminal Responsibility

39-11-611 Self-Defense

39-11-622 Justification for use of force – Exceptions – Immunity from civil liability

Title 43: Agriculture and Horticulture

Chapter 28 Timber

Part 3 – Branding of Timber

43-28-312 Cutting timber from property of another – Civil liability

Title 44: Animals and Animal Husbandry

Chapter 8 Fences and Confinement

Part 4 – Running at Large

44-8-413 Civil liability for injury caused by dogs

Chapter 17 Dogs and Cats

Part 2 – Dogs Killing Livestock

44-17-201 Owners of dogs are liable for livestock killed

44-17-202 Ignorance of dog's habits is no defense

44-17-203 No damages recoverable for killing or injuring such dog

Chapter 20 Equine Activities – Liability

44-20-101 Legislative findings and intent

44-20-102 Definitions

44-20-103 Limitation on liability for injury or death of participant

44-20-104 Applicability – Where liability not prevented or limited

44-20-105 Warning signs and notice

Title 47: Commercial Instruments and Transactions

Chapter 18 Consumer Protection

Part 1 – Consumer Protection Act of 1977

47-18-101 Short title

47-18-102 Purposes

47-18-103 Definitions

47-18-104 Unfair or deceptive acts prohibited

47-18-105 [Repealed.]

47-18-106 Investigations – Requests for information – Penalties for noncompliance

47-18-107 Assurance of voluntary compliance – Penalty for violation

47-18-108 Restraining orders or injunctions – Penalty for violation

47-18-109 Private right of action – Damages – Notice to division

47-18-110 Limitations of actions

47-18-111 Exemptions

47-18-112 Supplementary law

47-18-113 Waiver of rights – Restrictions on jurisdiction or venue prohibited

47-18-114 Powers of attorney general

47-18-115 Construction

47-18-116 Costs

47-18-117 Out-of-state liquor advertisers – Warning

47-18-118 Failure to respond to request for information

47-18-119 New passenger motor vehicle

47-18-120 Definitions – Prizes offered as inducements – Unfair or deceptive practices

47-18-121 Unlicensed motor vehicle dealers to comply with advertising requirements

47-18-122 Applicability to violations of part 2

47-18-123 Products, services or memberships purchased by negotiation of unsolicited negotiable instruments

47-18-124 Prizes – Unfair or deceptive practices

47-18-125 Protection of elder persons – Cumulative, additional and supplemental penalties

47-18-126 Electronically printed receipts for credit and debit cards – Violations – Application

47-18-127 Gift certificates

47-18-128 Disclosure of holds on debit cards

Part 26 – Structured Settlement Protection

47-18-2601 Short title

47-18-2602 Definitions

47-18-2603 Transfer agreement – Requirements

47-18-2604 Circuit court jurisdiction – Requirements for notice – Best interest standard – Fees

47-18-2605 Waiver – Failure to satisfy conditions

47-18-2606 Other statutory provisions remain valid

47-18-2607 Applicability

Part 53 – Tennessee Truth in Music Advertising Act

47-18-5301 Short Title

47-18-5302 Definitions

47-18-5303 Prohibited musical performance or production

47-18-5304 Violations – Application and construction

Chapter 25 Trade Practices

Part 1 – Trusts – Unlawful Restraint of Trade and Discrimination

47-25-101 Trusts, etc., lessening competition or controlling prices unlawful and void

47-25-102 Price fixing agreements unlawful and void

47-25-103 Criminal penalties for violation of §§ 47-25-101, 47-25-102 – Prosecution

47-25-104 Charter forfeiture, or exclusion of foreign corporations, for violations

47-25-105 Liability for debts of trust, etc

47-25-106 Recovery of consideration as remedy for damages

47-25-107 Civil actions under §§ 47-25-101 – 47-25-106 – Evidence

47-25-108 Connection of plaintiff with trust, etc., as defense

47-25-109 Giving away or underpricing goods prohibited – Samples excepted

47-25-110 Agricultural cooperatives – Monopolization or restraint of trade

47-25-111 Coal – Agreement to restrict output

47-25-112 News services, etc. – Discrimination prohibited

47-25-113 – 47-25-115 [Transferred.]

Title 50: Employer and Employee

Chapter 6 Workers' Compensation

Part 1 General Provisions

50-6-108 Right to compensation exclusive

50-6-112 Actions against third persons

Title 55: Motor and Other Vehicles

Chapter 8 Operation of vehicles – Rules of the Road

55-8-101 Chapter definitions

55-8-102 Provisions refer to vehicles upon highways – Exceptions

55-8-103 Required obedience to traffic laws – Penalty

55-8-104 Obedience to police officers

55-8-105 Persons riding animals or driving animal-drawn vehicles

55-8-106 Public officers and employees – Exceptions

55-8-107 Persons working on highways – Exceptions

55-8-108 Authorized emergency vehicles

55-8-109 Obedience to any required traffic-control device

55-8-110 Traffic-control signals – Inoperative signals with vehicle detection devices for motorcycles – Right of way at signals inoperative due to mechanical failure or accident

55-8-111 Pedestrian-control signals

55-8-112 Flashing signals

55-8-113 Display or sale of unauthorized signs, signals or markings

55-8-114 Interference with official traffic-control devices or railroad signs or signals

55-8-115 Driving on right side of roadway – Exceptions

55-8-116 Passing vehicles proceeding in opposite directions

55-8-117 Overtaking a vehicle on the left

55-8-118 When overtaking on the right is permitted

55-8-119 Limitations on overtaking on the left

55-8-120 Further limitations on driving to left of center of roadway

55-8-121 No-passing zones

55-8-122 One-way roads and rotary traffic islands

55-8-123 Driving on roadways laned for traffic

55-8-124 Following too closely

55-8-125 Driving on divided highways

55-8-126 Restricted access

55-8-127 Restrictions on use of controlled-access roadway

55-8-128 Vehicle approaching or entering intersection

55-8-129 Vehicle turning left at intersection

55-8-130 Vehicle entering through highway or stop intersection

55-8-131 Vehicle entering highway from private road or driveway

55-8-132 Operation of vehicles and streetcars on approach of authorized emergency vehicles

55-8-133 Pedestrians subject to traffic regulations

55-8-134 Pedestrians' right-of-way in crosswalks

55-8-135 Crossing at other than crosswalks

55-8-136 Drivers to exercise due care

55-8-137 Pedestrians to use right half of crosswalks

55-8-138 Pedestrians on roadways

55-8-139 Pedestrians soliciting rides or business

55-8-140 Required position and method of turning at intersections

55-8-141 Turning on curve or crest of grade prohibited – Penalty

55-8-142 Turning movements

55-8-143 Signals for turns

55-8-144 Signals by hand and arm or signal device

55-8-145 Obedience to signal indicating approach of train – Penalty

55-8-146 All vehicles must stop at certain railroad grade crossings – Statutes not to affect common law right of recovery – Penalty

55-8-147 Certain vehicles must stop at all railroad grade crossings

55-8-148 Moving heavy equipment at railroad grade crossings

55-8-149 Requirements for stop signs – Vehicles and streetcars must stop at stop signs – Penalty

55-8-150 Emerging from alley, driveway or building

55-8-151 Overtaking and passing school or church bus – Markings – Discharging passengers – Penalties

55-8-152 Speed limits – Penalties

55-8-153 Establishment of speed zones

55-8-154 Minimum speed regulation – Turnouts – Passing bays – Penalties

55-8-155 Special speed limitation on motor-driven cycles – Penalty

55-8-156 Special speed limitations – Penalties

55-8-157 Charging violations

55-8-158 Stopping, standing or parking outside of business or residential districts

55-8-159 Officers authorized to remove illegally stopped vehicles

55-8-160 Stopping, standing or parking prohibited in specific places – Penalty – Exceptions for disabled veterans and handicapped persons

55-8-161 Additional parking regulations

55-8-162 Unattended motor vehicles – Unattended vehicles containing medical or hazardous waste – Penalty and liability – Application to utility

55-8-163 Limitations on backing

55-8-164 Riding on motorcycles

55-8-165 Obstruction to driver's view of driving mechanism – Penalty

55-8-166 Driving on mountain highways

55-8-167 Coasting prohibited – Penalties

55-8-168 Following fire apparatus prohibited – Penalty

55-8-169 Crossing fire hose – Penalty

55-8-170 Putting glass, nails and other substances on highway prohibited – Penalty

55-8-171 Operation of bicycles and play vehicles – Penalty – Effect of regulations

55-8-172 Traffic laws apply to persons riding bicycles – Penalty

55-8-173 Riding on bicycles – Playing and use of play vehicles – Penalties

55-8-174 Clinging to vehicles – Penalty

55-8-175 Riding on roadways and bicycle paths – Penalty

55-8-176 Carrying articles on bicycles – Penalty

55-8-177 Bicycle lamps and brakes – Penalties

55-8-178 Regulations governing nonmotor vehicles and animals – Penalty

55-8-179 Use of raised identifying cane or blaze orange dog leash restricted to blind or deaf persons – Penalty

55-8-180 Pedestrians led by guide dog or carrying identifying cane given right of way – Penalty

55-8-181 Rights and duties of motorcycle operator

55-8-182 Operation of motorcycles on laned roadways

55-8-183 Funeral processions

55-8-184 Indication of ownership on traffic control signs, signals, markers or devices – Unlawful possession – Penalty

55-8-185 Use of off-highway motor vehicles on highways

55-8-186 Responsibility for illegal parking

55-8-187 Obscene or patently offensive bumper stickers, window signs, etc., prohibited

55-8-188 High occupancy vehicles – Lanes

55-8-189 Transporting child in truck bed

55-8-190 Street sweeper operation – Liability

55-8-198 Traffic citations; surveillance cameras

55-8-___ [To be named]*

Chapter 9 Equipment – Lighting Regulations

Part 1 – General Provisions

55-9-101 Chapter definitions

55-9-102 Emergency parts and accessories to be carried by various type motor vehicles

55-9-103 Display of warning devices during period of disablement of certain vehicles

55-9-104 Vehicles stopping for causes other than disablement – Display of warning devices

55-9-105 Television in motor vehicles – Penalty – Law enforcement officers exempt

55-9-106 Studded tires

55-9-107 Motor vehicle windows with tinting, reflecting or sun screen material

55-9-108 Airbags

Part 2 – Required Equipment on Vehicles

55-9-201 Horn – Bells, sirens or exhaust whistles on emergency vehicles – Penalty for violations

55-9-202 Mufflers – Muffler cutouts prohibited – Penalty

55-9-203 Windshield must be equipped with wipers – Penalty

55-9-204 Brakes – Equipment required on various type vehicles – Penalty

55-9-205 Performance ability of brakes – Penalty

55-9-206 Trucks to be equipped with rearview mirror

55-9-207 Penalty for operating truck without rearview mirror

55-9-212 Mudguards on trucks — Penalty

55-9-213 Brake fluid – Minimum standards – Penalty

55-9-215 Operation of motor vehicle without adequate energy absorption system prohibited – Alteration of altitude from ground level of passenger car prohibited – Modification of front end by lift blocks prohibited – Modification of steering mechanism prohibited – Exceptions – Enforcement – Penalties

55-9-216 Steering wheels – Penalty for violation

55-9-217 New tires required on new trailers – Waiver – Violations

Part 3 – Required Equipment on Motorcycles and Motor Driven Cycles

55-9-302 Crash helmet required for driver and passenger – Exceptions

55-9-303 Seat for passenger

55-9-304 Windshields – Safety goggles, face shields or glasses

55-9-305 Rearview mirrors and footrests

55-9-306 Violation of this part – Penalty

55-9-307 Parent or guardian knowingly permitting minor to violate this part – Penalty

55-9-308 Part inapplicable to autocycles

Part 4 – Lighting Regulations

55-9-401 Lights on vehicles other than motor vehicles – Visibility distance – Penalty

55-9-402 Lights required on motor vehicles – Exceptions – Regulations as to color, type and visibility distance

55-9-403 Headlamps on motorcycles – Penalty

55-9-404 Lamp at end of train of vehicles – Penalty

55-9-405 Lighting devices and reflectors on vehicles having width in excess of 80 inches, truck tractors, and trailers – Lamp or flag on projecting load – Penalties

55-9-406 Headlights on motor vehicles – Operation during inclement weather – Violation – Penalty – Costs

55-9-407 Multiple beam road lighting equipment – Use

55-9-408 Headlights complying with prohibition against glaring and dazzling lights – Anti-glare devices – Mounted height of lamps

55-9-409 Inspecting and testing lamps emitting glare – Order to remove illegal lamps – Arrest of drivers

55-9-410 Penalty for refusal or failure to submit to lamp inspection

55-9-411 Stations established by department for adjusting lights or brakes

55-9-412 Certificate of adjustment – Issuance after inspection or adjustment

55-9-413 Warning or signal light for rural mail carriers authorized

55-9-414 Blue flashing emergency lights on motor vehicles unlawful – Exception – Penalty

55-9-415 Operation of vehicle with lamps or spotlights facing backwards – Penalty

Part 6 – Safety Belts

55-9-601 Required – Specifications – Violations – Penalties

55-9-602 Child passenger restraint systems – Violations – Penalties

55-9-603 Use of safety belts in passenger vehicles – Violations – Penalties – Arrest – Applicability

55-9-604 Failure to wear belt – Contributory negligence – Evidence

55-9-605 Liability of manufacturer

55-9-606 Passengers over sixteen years of age

55-9-607 Program to enforce compliance – Highway signs

55-9-610 Child safety restraints – Programs to increase compliance

Chapter 10 Accidents, Arrests, Crimes and Penalties

Part 1 – Accidents

55-10-101 Accidents involving death or personal injury

55-10-102 Accidents involving damage to vehicle

55-10-103 Duty to give information and render aid

55-10-104 Duty upon striking unattended vehicles

55-10-107 Reports

55-10-108 Supplemental reports; forwarding reports; copies; railroads

55-10-205 Reckless driving

Part 3 –Penalties and Procedure

55-10-311 Prima facie evidence of ownership of automobile and use in owner's business

55-10-312 Registration prima facie evidence of ownership and that operation was for owner's benefit

55-10-313 Employer's liability for violations by employee driving nonmotor vehicle – Liability of driver

Part 4 – Alcohol and Drug Related Offenses

55-10-405 Tests for alcoholic or drug content of blood – Definitions

55-10-406 Tests for alcoholic or drug content of blood – Implied consent – Administration – Liability – Refusal to submit to test – Suspension of license – Fine – Mandatory jail or workhouse sentence – Notice – Hearing – Use of analysis as later evidence

55-10-407 Tests for alcoholic or drug content of blood – Admissibility – Failure to request test

55-10-408 Tests for alcoholic or drug content of blood – Presumptions of intoxication and impairment

55-10-409 Tests for alcoholic or drug content of blood – Reports – Availability of results

55-10-410 Tests for alcoholic or drug content of blood – Procurement and processing of samples – Results – Additional testing

55-10-415 Underage driving while impaired – Penalties

55-10-416 Open container law

55-10-418 Adult driving while impaired

Part 8 Tennessee Unattended Children in Motor Vehicle Safety Act

55-10-801 Short Title

55-10-802 Definitions

55-10-803 Unattended children in motor vehicles; penalty

55-10-804 Violators; community education; fees; records inspection

Chapter 52 Child Bicycle Safety

Part 1 General Provisions

55-52-103 Chapter definitions

55-52-105 Child bicycle safety rules and regulations

Part 2 Child Safety in Operation of Off-Highway Motor Vehicles

55-52-201 Definitions; offenses; application of part

55-52-202 Penalties; evidence; citations

Title 56: Insurance

Chapter 7 Policies and Policyholders

Part 1 – General Provisions

56-7-105 Additional liability upon insurers and bonding companies for bad-faith failure to pay promptly

56-7-106 Liability on policyholders when action not brought in good faith

Part 12 – Uninsured Motor Vehicle Coverage

56-7-1201 Requirements and types of coverage – Presumptions – Limitations of liability

56-7-1202 "Uninsured motor vehicle" defined – Coverage of government vehicles

56-7-1203 Insolvency protection limitation – More favorable protection not precluded

56-7-1204 Payment by insurer – Subrogation

56-7-1205 Minimum policy limits not increased

56-7-1206 Service of process – Actions by insurers – John Doe warrants – Arbitration

Chapter 8 Unfair Competition and Unfair or Deceptive Practices

Part 1 – Unfair Competition and Deceptive Acts

56-8-104 Unfair methods of competition and unfair or deceptive acts or practices defined

56-8-105 Advance payments of claims

Title 57: Intoxicating Liquors

Chapter 10 Alcohol-Related Injuries

57-10-101 Proximate cause

57-10-102 Standard of proof

Title 62: Professions, Businesses, and Trades

Chapter 5 Funeral Directors and Embalmers

Part 1 – General Provisions

62-5-101 Chapter definitions

62-5-102 Persons exempt from Chapter

Chapter 50 Limitations on Liability

Part 2 – Liability of Sports Officials

62-50-201 Definition

62-50-202 Immunity from civil liability

62-50-203 Intentional conduct or gross negligence

Title 63: Professional of Healing Arts

Chapter 6 Medicine and Surgery

Part 2 – General Provisions

63-6-218 "Good Samaritan Law"

63-6-219 Legislative policy declaration – Medical review committees – Immunity of members – Confidentiality of records – Short title

Part 7 – Volunteer Health Care Services

63-6-709 Crisis intervention; tort liability protection

Title 68: Health, Safety, and Environmental Protection

Chapter 11 Health Facilities and Resources

Part 19 Immunity for Healthcare Research Institutions

68-11-1901 Definitions

68-11-1902 Immunity

Chapter 14 Hotels, Food Service Establishments, and Swimming Pools

Part 4 – Swimming Pools

68-14-401 Flotation devices in swimming pools

68-14-402 Life guard stations

68-14-403 Inspection — Notice

Chapter 32 Blood Donations

68-32-101 Age limits and other restrictions

68-32-102 Facilities to test for AIDS – Contaminated blood – Cause of action for AIDS infection from untested blood

Chapter 105 Blasting and Explosives

68-105-101 Short title

68-105-102 Definitions

68-105-103 Particle velocity; instrumentation

68-105-104 Particle velocity; maximum charge per delay; weight of explosives

68-105-105 Seismograph measurements

68-105-106 Registration

68-105-107 Records and recordation

68-105-109 Notification of accident; cessation of operations; preservation of evidence; enforcement authority; review; variations

68-105-110 Preemption

68-105-111 Crimes and offenses

68-105-112 Blasting coverage

68-105-113 Registration requirement

68-105-114 Registration applications; expiration and renewal; establishment of fees

68-105-115 Insurance

68-105-116 Rules and regulations; inspection of premises; searches and seizures; storage, recovery, and disposal of seized explosives

Chapter 114 Ski Area Safety and Liability

68-114-101 Short title

68-114-103 Responsibility of skier and passenger

68-114-104 Violations

68-114-107 Actions against ski area operators — Insurance

Chapter 120 Building Regulations

Part 1 – General Provisions

68-120-101 Statewide building construction safety standards – Promulgation – Applicability

68-120-102 Violations of building standards – Retroactive application prohibited

68-120-111 Smoke detectors

Title 69: Waters, Waterways, Drains, and Levees

Chapter 9 Boating Regulation

Part 5 – Personal Watercraft

69-9-501 "Personal watercraft" defined

69-9-502 Flotation devices

69-9-503 Engine cutoff switches

69-9-504 Safe operating requirements – Prohibited maneuvers – Warning flags

69-9-505 Operation by children prohibited

69-9-506 Leasing of personal watercraft by persons under sixteen (16) years of age prohibited

69-9-507 Towing safety — Rearview mirrors

69-9-508 Watercraft owner not to violate provisions of this part – Exceptions to this part

Title 70: Wildlife Resources

Chapter 7 Liability of Landowner to Persons Using Land

Part 1 – General Provisions

70-7-101 Part definitions

70-7-102 Landowner's duty of care

70-7-103 Effect of landowner's permission

70-7-104 Conditions under which liability unaffected

70-7-105 Waiver of landowner's duty of care

Part 2 – Tennessee White Water Rafting Responsibility Act

70-7-201 Short title

70-7-203 Part definitions

70-7-204 Assumption of risk

70-7-205 Liability of provider for negligence

70-7-206 Assumption of risk as an affirmative defense

Title 71: Welfare

Chapter 5 Programs and Services for Poor Persons

Part 1 – Medical Assistance Act

71-5-117 Recovery of benefits – State's right of subrogation – Assignment of insurance benefit rights – Commissioner authorized to require certain information identifying persons covered by third parties – State's right of action-Determination of subrogation interest – Attorney's fees-Remittance of net subrogation interest – Subrogation interest hearing-Intent of legislature

*Amended effective January 1, 2009 and to be appropriately named and numbered upon codification.