Expenses and Loss of Service Incident to Injury to Child

  1. Law
  2. Tennessee Code
  3. Civil Procedure
  4. Parties to Actions
  5. Expenses and Loss of Service Incident to Injury to Child

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  1. The father and mother of a minor child have equal rights to maintain an action for the expenses and the actual loss of service resulting from an injury to a minor child in the parents' service or living in the family except that where one (1) parent is dead or has deserted the family, the other parent shall have the sole right to maintain the action.
  2. In case the father and mother of the minor child are living apart and one (1) parent has exclusive legal custody of the child, the parent with legal custody has the sole right to maintain an action for the expenses and the actual loss of service resulting from an injury to the minor child, except that the noncustodial parent in such case shall have a right to maintain or join an action brought under this section, for the expenses resulting from an injury to the minor child to the extent the noncustodial parent has paid those expenses.

Code 1958, § 2803; Shan., § 4503; Code 1932, § 8630; T.C.A. (orig. ed.), § 20-105; Acts 1982, ch. 853, § 5.

Textbooks. Tennessee Jurisprudence, 18 Tenn. Juris., Minors, § 12; 20 Tenn. Juris., Parent and Child, §§ 8, 10.

Law Reviews.

Day on Torts: Can a Minor Sue for Pre-majority Medical Expenses? (John A. Day), 43 Tenn B.J. 29 (2007).

Parent's Cause of Action in Tennessee for Injured Child's Lost Earnings and Services, Expenses, and Lost Society: A Comparative Analysis (Steven W. Feldman), 51 Tenn. L. Rev. 83 (1983).

Torts — Taylor v. Beard: The Tennessee Supreme Court Declines Adoption of a Cause of Action for Loss of Parental Consortium in Personal Injury Cases, 34 U. Mem. L. Rev. 737 (2004).

Cited: Rhea v. Iseley, 1 Shan. 220 (1871); Churchill v. Churchill, 203 Tenn. 406, 313 S.W.2d 436, 1958 Tenn. LEXIS 318 (1958); Still v. Baptist Hospital, Inc., 755 S.W.2d 807, 1988 Tenn. App. LEXIS 315 (Tenn. Ct. App. 1988).


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