Negligence in Tennessee Tort Law: The Standard of Care Part 2

This episode examines key aspects of Tennessee negligence law, drawing insights from five landmark cases. Topics include parental liability, negligent misrepresentation, medical conditions, accountant liability, and the application of negligence per se.

Key Themes:

• Parental Liability: Parents are not liable for adult children’s negligent actions (Nichols v. Atnip), even if they provide financial support or know about risky behavior, as adulthood removes the parental duty to supervise.
• Negligent Misrepresentation: Businesses can be held liable for providing false information relied upon by customers if they fail to exercise reasonable care (Stamp v. Honest Abe Log Homes).
• Known Medical Conditions: Drivers with medical conditions that could cause sudden incapacitation may be held liable for accidents if the risks were foreseeable (McCall v. Wilder).
• Accountant Liability: Accountants owe a duty of care to third parties who are foreseeable users of their audit reports, even without a direct contract (Bethlehem Steel v. Ernst & Whinney).
• Negligence Per Se: Violating a statute may establish negligence per se, but liability depends on proving causation and foreseeability. Independent intervening causes, like a minor’s suicide, can break the chain of causation (Rains v. Bend of the River).
• Standard of Care: Across all cases, negligence hinges on the "reasonable person under similar circumstances" standard, emphasizing foreseeability, causation, and specific claim elements.

Notable Cases Explored:

• Nichols v. Atnip: "The Atnips did not supply or entrust their son with the automobile involved in the accident in this case. Their son purchased the automobile with his own funds and held title in his own name."
• Stamp v. Honest Abe Log Homes: "A party who, in the course of business, provides false information for the guidance of others in a business transaction is liable for any resulting pecuniary loss if the recipient justifiably relies on the information and the party fails to exercise reasonable care in obtaining or communicating it."
• McCall v. Wilder: "To constitute a defense, the defendant must establish that the sudden loss of consciousness or physical capacity to control the vehicle was not reasonably foreseeable to a prudent person."
• Bethlehem Steel v. Ernst & Whinney: "The majority rule, and the one adopted by Tennessee, holds accountants liable for negligent misrepresentation to a limited group of third parties whom the accountant knows will rely on the information or who fall within a group that the accountant reasonably expects will rely on it."
• Rains v. Bend of the River: "Negligence per se arises from a statutory violation, but the plaintiff must still prove causation and foreseeability."

 

 Introductory Music for American Law Cafe. In Jazz Short by moodmode / Vlad Krotov. 

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