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Title 28 Limitation Of Actions

Chapter 1 General Provisions
§ 28-1-102. Commencement at time of right to make demand.
  1. When a right exists, but a demand is necessary to entitle the party to an action, the limitation commences from the time the plaintiff's right to make the demand was completed, and not from the date of the demand.
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§ 28-1-103. Accrual of agent's liability to principal.
  1. When an injury arises from the act or omission of a deputy or agent, the time for the limitation of an action by the principal against such deputy or agent does not commence to run until the liability of the principal for the act or omission is ascertained by suit of the aggrieved party against such principal, or otherwise.
§ 28-1-104. Accrual of principal's liability to surety or endorser.
  1. The time for the limitation of an action by either a surety or accommodation endorser against their principal on negotiable paper, or for any matter growing out of the suretyship, does not commence to run until judgment is rendered against the surety or endorser, or the surety or endorser until the surety or endorser has paid the money.
§ 28-1-105. New action after adverse decision — Contractual limitations periods.
  1. (a) If the action is commenced within the time limited by a rule or statute of limitation, but the judgment or decree is rendered against the plaintiff upon any ground not concluding the plaintiff's right of action, or where the judgment or decree is rendered in favor of the plaintiff, and is arrested, or reversed on appeal, the plaintiff, or the plaintiff's representatives and privies, as the case may be, may, from time to time, commence a new action within one (1) year after the reversal or arrest. Actions originally commenced in general sessions court and subsequently recommenced pursuant to this section in circuit or chancery court shall not be subject to the monetary jurisdictional limit originally imposed in the general sessions court.
  2. (b) In the case of a contract which limits the time within which an action arising out of such contract must be brought, if such action is commenced within the time as limited by the contract but the judgment or decree is rendered against the plaintiff upon any ground not concluding the plaintiff's right of action, or where the judgment or decree is rendered in favor of the plaintiff, and is arrested, or reversed on appeal, the plaintiff, or the plaintiff's representatives or successors, as the case may be, may, from time to time, commence a new action within one (1) year after the nonsuit, dismissal without prejudice, reversal or arrest.
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§ 28-1-106. Accrual of right if person under eighteen years of age, adjudicated incompetent, or lacking capacity.
  1. (a) If the person entitled to commence an action is, at the time the cause of action accrued, either under eighteen (18) years of age, or adjudicated incompetent, such person, or such person's representatives and privies, as the case may be, may commence the action, after legal rights are restored, within the time of limitation for the particular cause of action, unless it exceeds three (3) years, and in that case within three (3) years from restoration of legal rights.
  2. (b) Persons over the age of eighteen (18) years of age are presumed competent.
  3. (c)
    1. (1) If the person entitled to commence an action, at the time the cause of action accrued, lacks capacity, such person or such person's representatives and privies, as the case may be, may commence the action, after removal of such incapacity, within the time of limitation for the particular cause of action, unless it exceeds three (3) years, and in that case within three (3) years from removal of such incapacity, except as provided for in subdivision (c)(2).
    2. (2) Any individual with court-ordered fiduciary responsibility towards a person who lacks capacity, or any individual who possesses the legal right to bring suit on behalf of a person who lacks capacity, shall commence the action on behalf of that person within the applicable statute of limitations and may not rely on any tolling of the statute of limitations, unless that individual can establish by clear and convincing evidence that the individual did not and could not reasonably have known of the accrued cause of action.
    3. (3) Any person asserting lack of capacity and the lack of a fiduciary or other representative who knew or reasonably should have known of the accrued cause of action shall have the burden of proving the existence of such facts.
    4. (4) Nothing in this subsection (c) shall affect or toll any statute of repose within this code.
  4. (d) For purposes of this section, the term “person who lacks capacity” means and shall be interpreted consistently with the term “person of unsound mind” as found in this section prior to its amendment by Chapter 47 of the Public Acts of 2011.
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§ 28-1-107. Cases in which disability not an excuse.
  1. Section 28-1-106 shall not apply to actions on a statute for a penalty or forfeiture, or to actions against the estate of a deceased person brought more than seven (7) years from the death of the deceased, and the time the cause of action accrued, nor to cases provided for in § 28-2-105.
§ 28-1-108. Disability at time of accrual — Two or more disabilities.
  1. No person can claim use of a disability unless it existed when the right of action accrued; but when two (2) or more disabilities exist at the time of accrual, the limitation does not attach until all are removed.
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§ 28-1-109. Suspension during injunction.
  1. When the commencement of an action is stayed by injunction, the time of the continuance of the injunction is not to be counted.
§ 28-1-110. Suspension pending administration of estate.
  1. The time between the death of a person and the grant of letters testamentary or of administration on such person's estate, not exceeding six (6) months, and the six (6) months within which a personal representative is exempt from suit, is not to be taken as a part of the time limited for commencing actions which lie against the personal representative.
§ 28-1-111. Suspension during absence from state.
  1. If at any time any cause of action shall accrue against any person who shall be out of this state, the action may be commenced within the time limited therefor, after such person shall have come into the state; and, after any cause of action shall have accrued, if the person against whom it has accrued shall be absent from or reside out of the state, the time of absence or residence out of the state shall not be taken as any part of the time limited for the commencement of the action.
§ 28-1-112. Application of foreign statutes.
  1. Where the statute of limitations of another state or government has created a bar to an action upon a cause accruing therein, while the party to be charged was a resident in such state or such government, the bar is equally effectual in this state.
§ 28-1-113. Actions by state.
  1. This title does not apply to actions brought by the state of Tennessee, unless otherwise expressly provided.
§ 28-1-114. Counterclaim or third party complaint.
  1. (a) A counterclaim or third party complaint or cross-claim is not barred by the applicable statute of limitations or any statutory limitation of time, however characterized, if it was not barred at the time the claims asserted in the complaint were interposed.
  2. (b) If a nonsuit is taken as to the original civil action, any counterclaim, cross-claim or third party complaint arising from such action shall not be terminated but may proceed as an original civil action. However, if a counterclaim, cross-claim or third party complaint is filed as a civil action as permitted by this subsection (b) and such action does not proceed to an adjudication on the merits of such claim, the defendant shall have the right to file a counterclaim, cross-claim or third party complaint within the time allowed for the filing of a responsive pleading only if the original action is reinstituted pursuant to § 28-1-105.
  3. (c) Any counterclaim, cross-claim, or third party complaint arising from an action or suit originally commenced in general sessions court and subsequently recommenced as an original action or as a counterclaim, cross-claim or third party complaint pursuant to this section in circuit or chancery court according to the provisions of § 28-1-105, shall not be subject to the monetary jurisdictional limit originally imposed in general sessions court.
§ 28-1-115. Dismissed federal court actions.
  1. Notwithstanding any applicable statute of limitation to the contrary, any party filing an action in a federal court that is subsequently dismissed for lack of jurisdiction shall have one (1) year from the date of such dismissal to timely file such action in an appropriate state court.
§ 28-1-116. Extension during disaster.
  1. In the event that a duly authorized member of the appellate judiciary enters an order declaring a disaster pursuant to the Tennessee supreme court rules, or the Tennessee rules of civil or appellate procedure, all applicable statutes of limitation and statutes of repose shall be extended in the counties subject to the order by the same number of days by which other applicable filing deadlines are extended. In the event an action could be properly filed in more than one (1) county, the deadline for that action shall be extended only in the county or counties in which a disaster is declared by the order.
Chapter 2 Limitation of Real Actions
§ 28-2-101. Adverse possession — State conveyance.
  1. (a) Any person having had, either personally or through those through whom that person's claim arises, individually or through whom a person claims, seven (7) years' adverse possession of any lands, tenements, or hereditaments, granted by this state or the state of North Carolina, holding by conveyance, devise, grant, or other assurance of title, purporting to convey an estate in fee, without any claim by action at law or in equity commenced within that time and effectually prosecuted against such person is vested with a good and indefeasible title in fee to the land described in such person's assurance of title.
  2. (b) No title shall be vested by virtue of such adverse possession, unless such conveyance, devise, grant, or other assurance of title shall have been recorded in the register's office for the county or counties in which the land lies during the full term of such seven (7) years' adverse possession.
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§ 28-2-102. Action barred after seven years.
  1. Any person, and those claiming under such person neglecting for the term of seven (7) years to avail themselves of the benefit of any title, legal or equitable, by action at law or in equity, effectually prosecuted against the person in possession, under recorded assurance of title, as in § 28-2-101, are forever barred.
§ 28-2-103. Seven-year period runs from time right accrued — Extent of possession.
  1. (a) No person or anyone claiming under such person shall have any action, either at law or in equity, for the recovery of any lands, tenements or hereditaments, but within seven (7) years after the right of action accrued.
  2. (b) No possession of lands, tenements or hereditaments shall be deemed to extend beyond the actual possession of an adverse holder until the muniment of title, if any, under which such adverse holder claims such lands, tenements or hereditaments is duly recorded in the county in which the lands are located.
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§ 28-2-104. Application to school lands.
  1. Sections 28-2-101 — 28-2-103 do not apply to lands, tenements, or hereditaments reserved for the use of schools.
§ 28-2-105. Adverse possession — Assurance of title.
  1. Any person holding any real estate or land of any kind or any legal or equitable interest therein, and such person and those through whom such person claims having been in adverse possession of same for seven (7) years, where the real estate is held and claimed by such person or those through whom such person claims by a conveyance, devise, grant, a decree of a court of record, or other assurance of title purporting to convey an estate in fee, and such conveyance, devise, grant, or other assurance of title, has been recorded in the register's office of the county in which the land lies for a period of thirty (30) years or more or such decree entered on the minutes of such court for a period of thirty (30) years or more, is vested with an absolute and indefeasible title to such real estate or interest therein.
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§ 28-2-106. Action for recovery prohibited.
  1. Where such land or interest therein is held as set out in § 28-2-105, no person, whether upon disability or not, nor the state of Tennessee, shall commence or sustain an action for the recovery of same in any court.
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§ 28-2-107. Rights under other laws preserved.
  1. Nothing in § 28-2-105 or § 28-2-106 is to be construed as affecting any rights which any person may now or hereafter have under other laws in regard to limitation of actions for real estate where the limitation is for a period of less than thirty (30) years.
§ 28-2-108. Subordinate possession not adverse.
  1. Possession is not adverse within the meaning of this chapter, as to any person claiming a right or interest in the land, when taken and continued under a title bond, mortgage or other instrument acknowledging that right or interest, or when taken and continued in subordination to the right or interest of another.
§ 28-2-109. Presumption of ownership from payment of taxes.
  1. Any person holding any real estate or land of any kind, or any legal or equitable interest therein, who has paid, or who and those through whom such person claims have paid, the state and county taxes on the same for more then twenty (20) years continuously prior to the date when any question arises in any of the courts of this state concerning the same, and who has had or who and those through whom such person claims have had, such person's deed, conveyance, grant or other assurance of title recorded in the register's office of the county in which the land lies, for such period of more than twenty (20) years, shall be presumed prima facie to be the legal owner of such land.
§ 28-2-110. Action barred by nonpayment of taxes.
  1. (a) Any person having any claim to real estate or land of any kind, or to any legal or equitable interest therein, the same having been subject to assessment for state and county taxes, who and those through whom such person claims have failed to have the same assessed and to pay any state and county taxes thereon for a period of more than twenty (20) years, shall be forever barred from bringing any action in law or in equity to recover the same, or to recover any rents or profits therefrom in any of the courts of this state.
  2. (b) This section does not apply to persons under eighteen (18) years of age or to persons adjudicated incompetent if suit shall be brought by them, or any one claiming through them, within three (3) years after legal rights are restored.
  3. (c) Nothing in this section shall bar a person from bringing an action to contest the lapse of a mineral interest within the period provided by § 66-5-108(j).
§ 28-2-111. Period of validity of liens — Extension.
  1. (a) Liens on realty, equitable or retained in favor of vendor on the face of the deed, also liens of mortgages, deeds of trust, and assignments of realty executed to secure debts, shall be barred, and the liens discharged, unless suits to enforce the same be brought within ten (10) years from the maturity of the debt.
  2. (b) Subsection (a) shall not apply to lands sold for school purposes, whereon liens have been retained for the payment of the purchase money, nor to persons under disability, until three (3) years after the removal of the same.
  3. (c) Original liens on realty retained in favor of vendors on the face of a deed, also original liens of mortgages, deeds of trust, and assignments of realty executed to secure debts, may be extended without their priority or legal effectiveness being in any way impaired, for any period of time agreed upon and beyond the ten-year period from the maturity of the obligation or debt, as provided for in subsection (a); such extension shall be evidenced by a written instrument, which shall, prior to or within ten (10) years from the maturity of the obligation or debt, be duly executed and acknowledged and be filed for record with the register of the county in which the realty affected is located and be there recorded, all in accordance with the statutes of this state in that regard; and when so filed for record such instrument of extension shall be constructive notice to all persons, as provided by the registration laws of this state; and such instrument shall contain a brief recital of the facts with reference to the original lien and shall provide that the lien shall continue, for a definite period of time in the future, to secure the remaining obligation or debt due under and secured by the original lien, and it shall not be necessary that there be any increase or decrease in the terms of the original obligation either of principal or interest.
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§ 28-2-112. Challenge of title of parcel conveyed pursuant to tax proceeding.
  1. (a) A person, and those claiming through such person, who receives title to a parcel conveyed pursuant to a tax proceeding is vested with an absolute and indefeasible title in fee in the parcel, unless a judicial action challenging the title of the parcel is filed in an appropriate court within three (3) years of the recording of the tax deed or order confirming the sale of the parcel in the office of the register of deeds for the county in which the parcel lies.
  2. (b) A person, and those claiming through such person, whether under disability or not, who fails or neglects to file a judicial action challenging the title of a parcel conveyed pursuant to a tax proceeding within three (3) years of the recording of the tax deed or order confirming the sale of the parcel in the office of the register of deeds for the county in which the parcel lies, is barred from challenging the title of the parcel.
  3. (c) The right to possession of a parcel pursuant to § 67-5-2503(a) constitutes adverse possession as to all other claimants of an interest in the parcel without any other action on the part of the person with the right to possession or the person's successors.
  4. (d) This section is applicable regardless of whether the instrument of conveyance in a tax proceeding is subsequently invalidated or declared void.
  5. (e) The three-year periods established in subsections (a) and (b) begin on July 1, 2017, as to parcels conveyed by tax deed or order confirming the sale prior to July 1, 2017.
  6. (f) Nothing in this section shall be construed to repeal or limit the application of § 67-5-2504.
  7. (g) As used in this section:
    1. (1) “Judicial action challenging the title of the parcel” includes actions to invalidate the title and actions to declare the instrument conveying the title void for any reason. “Judicial action challenging the title of the parcel” also includes motions, suits to quiet title or for declaratory judgment, and any other means or court proceeding by which the title to the parcel may be attacked; and
    2. (2) “Proceeding” has the same meaning as defined in § 67-5-2502(c)(1).
Chapter 3 Limitation of Actions Other than Real
Part 1 Miscellaneous Limitations
§ 28-3-101. Scope of chapter.
  1. All civil actions, other than those for causes embraced in chapter 2 of this title, shall be commenced after the cause of action has accrued, within the periods prescribed in this chapter, unless otherwise expressly provided.
§ 28-3-102. Actions against personal representative.
  1. (a) All actions against the personal representative of a decedent, for demands against such decedent, shall be brought within seven (7) years after the decedent's death, notwithstanding any disability existing; otherwise they will be forever barred.
  2. (b) Nothing in this section shall be deemed to extend the time limited by §§ 30-2-310, 30-2-314 and 30-2-315.
§ 28-3-103. Slander actions.
  1. Actions for slanderous words spoken shall be commenced within six (6) months after the words are uttered.
§ 28-3-104. Personal tort actions; actions against certain professionals.
  1. (a)
    1. (1) Except as provided in subdivision (a)(2), the following actions shall be commenced within one (1) year after the cause of action accrued:
      1. (A) Actions for libel, injuries to the person, false imprisonment, malicious prosecution, or breach of marriage promise;
      2. (B) Civil actions for compensatory or punitive damages, or both, brought under the federal civil rights statutes; and
      3. (C) Actions for statutory penalties.
    2. (2) A cause of action listed in subdivision (a)(1) shall be commenced within two (2) years after the cause of action accrued, if:
      1. (A) Criminal charges are brought against any person alleged to have caused or contributed to the injury;
      2. (B) The conduct, transaction, or occurrence that gives rise to the cause of action for civil damages is the subject of a criminal prosecution commenced within one (1) year by:
        1. (i) A law enforcement officer;
        2. (ii) A district attorney general; or
        3. (iii) A grand jury; and
      3. (C) The cause of action is brought by the person injured by the criminal conduct against the party prosecuted for such conduct.
    3. (3) This subsection (a) shall be strictly construed.
  2. (b) For the purpose of this section, in products liability cases:
    1. (1) The cause of action for injury to the person shall accrue on the date of the personal injury, not the date of the negligence or the sale of a product;
    2. (2) No person shall be deprived of the right to maintain a cause of action until one (1) year from the date of the injury; and
    3. (3) Under no circumstances shall the cause of action be barred before the person sustains an injury.
  3. (c)
    1. (1) Actions and suits against licensed public accountants, certified public accountants, or attorneys for malpractice shall be commenced within one (1) year after the cause of action accrued, whether the action or suit is grounded or based in contract or tort.
    2. (2) In no event shall any action or suit against a licensed public accountant, certified public accountant or attorney be brought more than five (5) years after the date on which the act or omission occurred, except where there is fraudulent concealment on the part of the defendant, in which case the action or suit shall be commenced within one (1) year after discovery that the cause of action exists.
  4. (d) Any action to recover damages against a real estate appraiser arising out of the appraiser's real estate appraisal activity shall be brought within one (1) year from a person’s discovery of the act or omission giving rise to the action, but in no event shall an action to recover damages against a real estate appraiser be brought more than five (5) years after the date the appraisal was conducted.
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§ 28-3-105. Property tort actions — Statutory liabilities.
  1. The following actions shall be commenced within three (3) years from the accruing of the cause of action:
    1. (1) Actions for injuries to personal or real property;
    2. (2) Actions for the detention or conversion of personal property; and
    3. (3) Civil actions based upon the alleged violation of any federal or state statute creating monetary liability for personal services rendered, or liquidated damages or other recovery therefor, when no other time of limitation is fixed by the statute creating such liability.
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§ 28-3-106. Recovery of gambling losses.
  1. Actions to recover money or goods lost at any kind of gambling or betting, and paid or delivered:
    1. (1) If brought by the loser, shall be commenced within ninety (90) days next after such payment or delivery;
    2. (2) If brought for the use of the spouse, child or children, or next of kin, within twelve (12) months from the expiration of the ninety (90) days;
    3. (3) If by a creditor of the loser, within twenty-four (24) months from the end of the ninety (90) days.
§ 28-3-107. Actions for usury.
  1. No action shall be brought on claim for usury after two (2) years from the date of the payment of the debt upon which such claim for usury shall be based.
§ 28-3-108. Actions against sureties of collecting officer.
  1. Actions against sureties of any collecting officer, for failing to pay over money collected, when the collecting officer has made return of an execution or other process that the money is made or the process satisfied, shall be commenced within three (3) years from the return of the process.
§ 28-3-109. Rent — Official misconduct — Contracts not otherwise covered — Title insurance — Demand notes.
  1. (a) The following actions shall be commenced within six (6) years after the cause of action accrued:
    1. (1) Actions for the use and occupation of land and for rent;
    2. (2) Actions against the sureties of guardians, executors and administrators, sheriffs, clerks, and other public officers, for nonfeasance, misfeasance, and malfeasance in office; and
    3. (3) Actions on contracts not otherwise expressly provided for.
  2. (b) The cause of action on title insurance policies, guaranteeing title to real estate, shall accrue on the date the loss or damage insured or guaranteed against is sustained.
  3. (c) The cause of action on demand notes shall be commenced within ten (10) years after the cause of action accrued.
§ 28-3-110. Actions on public officers' and fiduciary bonds — Actions not otherwise covered — Affidavit of conviction and civil judgment.
  1. (a) The following actions shall be commenced within ten (10) years after the cause of action accrued:
    1. (1) Actions against guardians, executors, administrators, sheriffs, clerks, and other public officers on their bonds;
    2. (2) Actions on judgments and decrees of courts of record of this or any other state or government; and
    3. (3) All other cases not expressly provided for.
  2. (b)
    1. (1) Notwithstanding subsection (a), there is no time within which a judgment or decree of a court of record entered on or after July 1, 2014, must be acted upon in the following circumstances:
      1. (A) The judgment is for the injury or death of a person that resulted from the judgment debtor's criminal conduct; and
      2. (B) The judgment debtor is convicted of a criminal offense for the conduct that resulted in the injury or death; or
      3. (C) The civil judgment is originally an order of restitution converted to a civil judgment pursuant to § 40-35-304.
    2. (2)
      1. (A) Prior to entry of the judgment, the judge shall make a determination on the record that the plaintiff's injury or death was the result of the defendant's criminal conduct and that the defendant's conduct resulted in a criminal conviction.
      2. (B) When entering a civil judgment on or after July 1, 2014, to which this subsection (b) applies, both the trial judge and clerk shall sign and note the existence of the conviction on the judgment document, and the clerk shall also make appropriate docket notations. Such signatures and notations shall be sufficient evidence that the judgment is valid until paid in full or otherwise discharged as authorized by law.
  3. (c)
    1. (1) Notwithstanding subsection (b), if a person was awarded a judgment meeting the criteria of subdivision (b)(1) but the judgment was entered prior to July 1, 2014, and is still valid as of the date it is presented to the clerk pursuant to this subsection (c), the statute of limitations on such judgment set out in subsection (a) shall be tolled if the person:
      1. (A) Obtains a certified copy of the defendant's judgment of conviction from the clerk of the court in which the conviction occurred showing that the conviction meets the criteria of subdivision (b)(1)(A) and (B);
      2. (B) Obtains a certified copy of the person's civil judgment that was based on the defendant's criminal conduct;
      3. (C) Completes, under penalty of perjury, an affidavit, in substantially the form set out in subsection (d).
    2. (2) The clerk shall ensure that the documents presented are those required by subdivision (c)(1). If they are the correct documents, the clerk shall record the documents and from the date of recordation, the statute of limitations of the person's civil judgment shall be tolled.
  4. (d) The affidavit required to accompany the judgment of conviction and civil judgment shall be substantially as follows:
  5. (e) Notwithstanding subsection (a), there is no time within which a judgment or decree in a domestic relations matter issued by a court with domestic relations jurisdiction pursuant to title 36 must be acted upon, unless otherwise specifically provided for under title 36.
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§ 28-3-111. Open accounts of merchants.
  1. The limitations provided in this chapter do not apply to such actions as concern the trade of merchandise between merchant and merchant, their agents and factors, while the accounts between them are current.
§ 28-3-112. Mutual accounts between persons not merchants.
  1. When there are mutual accounts between persons who are not merchants, the time is computed from the true date of the last item, unless the account is liquidated and a balance struck.
§ 28-3-113. Municipal bonds.
  1. Actions against any county, city, town, utility district, special school district or any other municipality or political subdivision of the state for the payment of any bond issued thereby, or for the payment of any coupon representing interest on such bond, shall be commenced within fifteen (15) years after the maturity date of such bond unless such county, municipality, district or political subdivision by action of its governing body shall waive such limitation.
§ 28-3-114. Actions for faulty surveying.
  1. (a) All actions to recover damages against any person engaged in the practice of surveying for any deficiency, defect, omission, error or miscalculation shall be brought within four (4) years from the date the survey is recorded on the plat. Any such action not instituted within this four (4) year period shall be forever barred. The cause of action in such cases shall accrue when the services are performed.
  2. (b) “Practice of land surveying” as used in this section includes, but is limited to, those activities set forth in § 62-18-102(3), and the establishment or reestablishment of corners, boundaries, and locations of lots, parcels, tracts, or divisions of land, including distances, directions, and acreage, or fractional parts thereof; and also including, but not limited to, the correct determination and description of the same for the purpose of furnishing a legal description of any land surveyed to be used in deeds or other instruments of conveyances for the purpose of conveying title to the area surveyed.
§ 28-3-115. Attaching or executing against art work.
  1. No process of attachment, execution, sequestration, replevin, distress, subpoena or any kind of seizure, whether civil or criminal, shall be served or levied upon any work of art, as defined in this section while the same is en route to or from, or while on exhibition or deposited by an exhibitor at any exhibition held under the auspices or supervision of any museum, visual arts center, college, university or other nonprofit art gallery, institution or organization within any city or county of this state for any cultural, educational, charitable or other purpose not conducted for profit to the exhibitor, nor shall such work of art be subject to attachment, seizure, levy or sale, for any cause whatever while in the hands of the authorities of such exhibition or otherwise. Nothing in the act shall prevent a lawsuit being brought against an owner of a work of art in any court having proper jurisdiction over such owner.
§ 28-3-116. Action for injury or illness based on child sexual abuse.
  1. (a) As used in this section, unless the context otherwise requires:
    1. (1) “Child sexual abuse” means any act set out in § 37-1-602(a)(3), that occurred when the victim was a minor;
    2. (2) “Discovery” means when the injured person becomes aware that the injury or illness was caused by child sexual abuse. Discovery that the injury or illness was caused by child sexual abuse shall not be deemed to have occurred solely by virtue of the injured person's awareness, knowledge, or memory of the acts of abuse;
    3. (3) “Injury or illness” means either a physical injury or illness or a psychological injury or illness; and
    4. (4) “Minor” means a person under eighteen (18) years of age.
  2. (b) Notwithstanding § 28-3-104, a civil action for an injury or illness based on child sexual abuse that occurred when the injured person was a minor must be brought:
    1. (1) For child sexual abuse that occurred before July 1, 2019, but was not discovered at the time of the abuse, within three (3) years from the time of discovery of the abuse by the injured person; or
    2. (2) For child sexual abuse that occurred on or after July 1, 2019, within the later of:
      1. (A) Fifteen (15) years from the date the person becomes eighteen (18) years of age; or
      2. (B) If the injury or illness was not discovered at the time of the abuse, within three (3) years from the time of discovery of the abuse by the injured person.
  3. (c) A person bringing an action under this section need not establish or prove:
    1. (1) Which act in a series of continuing child sexual abuse incidents by the alleged perpetrator caused the injury or illness complained of, but may compute the date of discovery from the date of discovery of the last act by the same alleged perpetrator which is part of a common scheme or pattern of child sexual abuse; or
    2. (2) That the injured person psychologically repressed the memory of the facts upon which the claim is predicated.
  4. (d) In an action brought under this section, the knowledge of a parent or guardian shall not be imputed to a minor.
  5. (e) If an action is brought against someone other than the alleged perpetrator of the child sexual abuse, and if the action is brought more than one (1) year from the date the injured person attains the age of majority, the injured person must offer admissible and credible evidence corroborating the claim of abuse by the alleged perpetrator.
§ 28-3-117. Limitation of liability for injuries occurring on land while entering or exiting from or using public greenway.
  1. (a) An owner, tenant, or lessee is not liable for injuries to a person that occur when the person is on the land of the owner, tenant, or lessee without paying to the owner, tenant, or lessee a valuable consideration for use of the land for the purpose of entering or exiting from or using a public greenway, unless the injuries were caused by the gross negligence or willful and wanton misconduct of the owner, tenant, or lessee. The limitation of liability provided by this section applies regardless of whether the person had obtained permission from the owner, tenant, or lessee to use the land for the purpose of entering or exiting from or using a public greenway.
  2. (b) As used in this section, “public greenway” means an open-space area following a natural or man-made linear feature designed to be used for recreation, transportation, conservation, and to link services and facilities for which a governmental entity obtained a right-of-way easement from the property owner, tenant, or lessee.
Part 2 Limitations on Actions for Defective Improvement of Real Estate
§ 28-3-201. Part definitions.
  1. As used in this part, the terms set out hereinbelow are defined as follows:
    1. (1) “Person” means an individual, corporation, partnership, business, trust, unincorporated organization, association or joint stock company; and
    2. (2) “Substantial completion” means that degree of completion of a project, improvement, or a specified area or portion thereof (in accordance with the contract documents, as modified by any change orders agreed to by the parties) upon attainment of which the owner can use the same for the purpose for which it was intended; the date of substantial completion may be established by written agreement between the contractor and the owner.
§ 28-3-202. Limitation of actions.
  1. All actions, arbitrations, or other binding dispute resolution proceedings to recover damages for any deficiency in the design, planning, supervision, observation of construction, or construction of an improvement to real property, for injury to property, real or personal, arising out of any such deficiency, or for injury to the person or for wrongful death arising out of any such deficiency, must be brought against any person performing or furnishing the design, planning, supervision, observation of construction, or construction of the improvement within four (4) years after substantial completion of an improvement.
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§ 28-3-203. Injury during fourth year after completion — Limitation of action.
  1. (a) Notwithstanding § 28-3-202, in the case of an injury to property or person or injury causing wrongful death, which injury occurred during the fourth year after substantial completion, an action, arbitration, or other binding dispute resolution proceeding to recover damages for the injury or wrongful death must be brought within one (1) year after the date on which the injury occurred, without respect to the date of death of the injured person.
  2. (b) The action, arbitration, or other binding dispute resolution proceeding must, in all events, be brought within five (5) years after the substantial completion of the improvement.
§ 28-3-204. Periods otherwise fixed not extended — New cause of action not created.
  1. (a) This part does not extend the period or periods provided by the laws of this state or by agreement between the parties for the bringing of any action, arbitration, or other binding dispute resolution proceeding.
  2. (b) This part does not create any cause of action not previously existing or recognized.
§ 28-3-205. Limitation not defense under certain circumstances.
  1. (a) The limitation provided by this part must not be asserted as a defense by any person in actual possession or the control, as owner, tenant, or otherwise, of an improvement at the time any deficiency in the improvement constitutes the proximate cause of the injury or death for which it is proposed to bring an action, arbitration, or other binding dispute resolution proceeding.
  2. (b) The limitation provided by this part is not available as a defense to any person who has been guilty of fraud in performing or furnishing the design, planning, supervision, observation of construction, construction of, or land surveying, in connection with an improvement, or to any person who wrongfully conceals any such cause of action.
Part 3 Limitations on Utility Charges
§ 28-3-301. Collection or reimbursement for underpayments or overpayments — Electrical service.
  1. Notwithstanding any other law to the contrary, if kilowatt usage is inaccurately recorded or registered due to equipment failure and results in a customer being undercharged or overcharged, and the customer is unaware of the error, defect or failure, no utility district, municipality or electric company shall be authorized to collect or assess a charge for such usage, or to reimburse the customer for overpayment of such usage, prior to thirty-six (36) months from the date the error is discovered and billed; provided, that if a date certain can be established for such error which is less than thirty-six (36) months, no utility district, municipality or electric company shall be authorized to collect or assess a charge for such usage, or to reimburse the customer for overpayment of such usage, beyond such date.
§ 28-3-302. Collection or reimbursement for underpayments or overpayments — Water or sewer service.
  1. Notwithstanding any other provision of law to the contrary, if gallonage for water or sewer service or both is inaccurately recorded or registered due to equipment failure and results in the customer being undercharged or overcharged, and the customer is unaware of the error, defect or failure, no utility district, municipality, or water or sewer system or company shall be authorized to collect or assess a charge for the unpaid gallonage or to reimburse the customer for overpayment of such usage, prior to thirty-six (36) months from the date the error is discovered and billed; provided, that if a date certain can be established for such error which is less than thirty-six (36) months, no utility district, municipality, or water or sewer system or company shall be authorized to collect or assess a charge for such usage, or to reimburse the customer for overpayment of such usage, beyond such date.
§ 28-3-303. Collection or reimbursement for underpayments or overpayments — Gas service.
  1. Notwithstanding any other provision of law to the contrary, if cubic feet for gas service is inaccurately recorded or registered due to equipment failure and results in the customer being undercharged or overcharged, and the customer is unaware of the error, defect or failure, no utility district, municipality, or gas system or company shall be authorized to collect or assess a charge for the unpaid cubic feet or to reimburse the customer for overpayment of such usage, prior to thirty-six (36) months from the date the error is discovered and billed; provided, that if a date certain can be established for such error which is less than thirty-six (36) months, no utility district, municipality, or gas system or company shall be authorized to collect or assess a charge for such usage, or to reimburse the customer for overpayment of such usage, beyond such date.
§ 28-3-304. Collection or reimbursement for underpayments or overpayments — Solid waste, garbage or refuse collection or disposal.
  1. Notwithstanding any other provision of law to the contrary, a municipality shall not refund an overpayment or collect amounts owed to the municipality as a result of an underpayment or nonpayment of any charge or fee imposed for solid waste, garbage, or refuse collection or disposal services if such overpayment, underpayment, or nonpayment is more than thirty-six (36) months past the date payment was first due.