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Municipal Employee and Boards Immunity/Liability

Reference Number: MTAS-1152
Reviewed Date: 06/10/2025

Employees
If the injury in question is one for which the municipality's immunity has been removed under the TGTLA, no claim may be brought against the employee unless the employee is a “health care practitioner” sued for malpractice. Generally, the municipality may be found liable under the TGTLA for injuries arising from:

  • Negligent operation of motor vehicles and other equipment
  • Defective, unsafe or dangerous streets, highway, alleys, sidewalks, and traffic control devices
  • Dangerous or defective public buildings or other structures
  • Employee negligence, subject to several exceptions

T.C.A. §§ 29-20-201 to -205.

If the injury in question is one for which the municipality is immune from suit under the TGTLA, the employee who caused the injury may be personally liable for it, but only to the limits of liability provided for in the Act. (See Tort Liability Limits below.) However, the liability limits do not apply if the employee's actions were willful, malicious, criminal, performed for personal gain, or constituted medical malpractice by a health care practitioner. T.C.A. § 29-20-310(c).

Employee Indemnification
Municipalities can insure or indemnify their employees for claims for which the municipality is immune. However, indemnification generally cannot exceed the tort liability limits. (See Tort Liability Limits below.) T.C.A. § 29-20-310(d).

Boards and Commissions
The provisions immunizing boards, commissions, and other governing bodies are broad. T.C.A. § 29-20-201(b)(2) declares:

All members of boards, commissions, agencies, authorities, and other governing bodies of any governmental entity, created by public or private act, whether compensated or not, shall be immune from suit arising from the conduct of the affairs of such board, commission, agency, authority, or other governing body. Such immunity from suit shall be removed when such conduct amounts to willful, wanton, or gross negligence.

Tort Liability Limits
T.C.A. § 29-20-403 provides for the following tort liability limits:

InjuryLimitLimitLimit
Date Cause of
Action Arose
July 1, 1987 –
June 30, 2002
July 1, 2002 –
June 30, 2007
On or after
July 1, 2007
One Person  $130,000  $250,000  $300,000
Multiple Persons  $350,000  $600,000  $700,000
Property Damage  $50,000  $85,000  $100,000