What is a Tennessee Residential Tort Claim?

A tort claim arises when you take legal action because you’ve suffered harm or your property has been damaged, not from a contract going awry, but due to someone else’s negligence or wrongful actions. It’s your way of saying, “Your mistake has caused me problems, and it’s only fair you make amends.”

Let’ say, a roofing contractor in Middle Tennessee fails to properly secure their materials, and during the job, shingles tumble down, causing damage to your car. Or perhaps they botched your new roof installation, and the next heavy rainstorm leads to a leak that wreaks havoc in your attic. In scenarios like these, you might consider filing a tort claim against the roofing contractors, asserting that their negligence is to blame for your losses, and you’re seeking compensation for the necessary repairs. It’s an all-too-familiar situation for homeowners, and being informed about tort claims empowers you to stand up for your rights.

What’s the Difference Between a Tort Claim and a Lawsuit?

Well, think of a lawsuit as an official court case—it’s when you’ve taken your issue to court to get it sorted. On the other hand, a tort claim is more like a heads-up. It’s you telling the other party, “Hey, there’s a problem here,” and it opens the door to sorting things out without all the fuss and expense of going to court. It’s a way to resolve issues, hopefully in a simpler, less costly manner.

New Tort Laws in Tennessee

On September 28, 2023, the Tennessee Supreme Court made a big decision that’s great news for homeowners dealing with construction tort claims. They said that the economic loss rule, which used to make it tough to get extra money for problems unless you were dealing with a product issue, doesn’t apply to services like building or roofing.

What does this mean for you? If you hired a roofing company and they didn’t do the job right, causing you to lose money or your property to get damaged, you can now seek damages beyond just what was agreed in the contract. Before, if a roofing job went south, you might have been limited to arguing over the contract details. Now, if the roofer’s mistake costs you, you’ve got a stronger leg to stand on to claim back those losses through a tort claim.

So, if a roofer messes up and it leads to damage or extra costs, this decision means you can go after compensation for those financial hits. It’s a win for homeowners, giving you more ways to hold contractors accountable and ensure you’re fairly treated.

The Four Year Time Limit

In Tennessee, it’s important to note that construction defect claims are subject to a statute of repose of four years. This legal framework means that any claim related to construction defects must be filed within four years from the date the construction was substantially completed, regardless of when the defect was discovered. Understanding this can be crucial in timing your claim correctly.

A tort in Tennessee encompasses any act that inflicts harm, be it to your person, property, or even reputation. Winning a tort case as a Tennessee homeowner could mean receiving compensation from the defendant responsible for the harm. In exceptional cases, where the defendant’s actions were intentional or particularly reckless, punitive damages might be awarded.

So, if you find yourself contemplating a tort claim due to a situation with a roofing contractor or any other party whose negligence has led to damage or harm, following these steps can guide you towards resolving it effectively.

Document Everything: Take photos of the damage and note any relevant dates and times. Keep records of all communications with the roofing contractor, including emails and texts.

Get an Independent Assessment: Consider hiring a different roofing contractor or an inspector to evaluate the damage or poor workmanship. This will provide you with a second opinion on the extent of the issue and the potential cost of repairs.

Review Your Contract: Look over the contract you had with the original contractor to understand the scope of work agreed upon and any warranty or guarantee details.

Consult with an Attorney: Speak to an attorney who specializes in tort law or construction law. They can advise you on the strength of your claim, the likelihood of success, and the steps involved in pursuing legal action.

Contact Your Insurance Company: Depending on the nature of the damage, it might be worthwhile to inform your homeowner’s insurance company of the situation. They may offer guidance or financial assistance for repairs.

Prepare Your Claim: With the help of your attorney, gather all your documentation, assessments, and any other evidence to prepare your tort claim.

File the Claim: Your attorney will guide you through the process of officially filing your tort claim against the roofing contractor. This may involve negotiations for a settlement or proceeding to court.

Follow Through: Stay in communication with your attorney throughout the process, and be prepared for potential court appearances or mediation sessions.

Remember, every situation is unique, so these steps are a general guide. Legal advice tailored to your specific circumstances is invaluable in these scenarios.

Have questions? Call a Worth Roofing, insurance expert today

Call (615) 952-1010