Technical Bulletins: Fire (and Police) Departments Liable for Negligent Response

Under the Tennessee Tort Liability Act municipalities are liable for the negligence of their employees, with some exceptions. One of those exceptions is "discretionary functions" (Tennessee Code Annotated (TCA) 29-20-205). However, the act does not define that term. The Tennessee Supreme Court recently grappled with both a definition and application of the term in Gordon, et al. v. City of Henderson, 766 S.W.2d 784 (1988). Although that case involved the delivery of municipal fire services, it contains some language that should cause Tennessee municipalities to look closely at the way they deliver all public safety services.

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