WTF? Liability in Tennessee

I’ll confess to being a little confused. I understood from every report that Tennessee SB 1736 made the posted property owner liable, but that’s absolutely not the case.


(a) A person, business, or other entity that owns, controls, or manages property and has the authority to prohibit weapons on that property by posting, pursuant to§ 39-17-1359, shall be immune from civil liability with respect to any claim based on such person’s, business’s, or other entity’s failure to adopt a policy that prohibits weapons on the property by posting pursuant to§ 39-17-1359.

It specifically GRANTS immunity from liability.

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One thought on “WTF? Liability in Tennessee

  1. chad July 7, 2016 / 9:25 am

    Caveat: I really don’t speak good legalese.
    My impression is that the amendment grants immunity to those who can, but don’t, post their property. As in should a concealed carrier in a non-posted property accidentally shoot another occupant, the property owner/controller cannot be held liable merely because they did not post.
    Unless, per the second part of the amendment:
    b) Immunity under this subsection (a) does not apply to a person, business, or other
    entity whose conduct or failure to act is the result of gross negligence or willful or wanton
    misconduct.

    As I said, just my impression. I’ll leave it to better legally educated folks than myself to determine the translation to English.

    Like

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