Tennessee Court Holds That Plaintiff Can Add Comparative Fault Defendants To Claim

Sometimes when a plaintiff is injured as a result of another’s actions, or a dangerous condition, he or she will not know precisely which defendants may need to be sued. For example, a plaintiff may sue a business for a cracked sidewalk, but might not know whether the business owns the property or if there is another landlord who should be included. One way to discover additional defendants is through comparative fault. Where a defendant is sued and that defendant believes there are other parties who should be considered as being at fault for the accident, they may file a notice of comparative fault, designating other individuals as entities as partially responsible for the accident. This works to hopefully limit the defendant’s own liability, but also alerts the plaintiff to the possibility of other potential defendants. In a recent case before the Tennessee Court of Appeals, the court looked at when a second defendant who is identified after a notice of…

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