Tennessee Code 11-4-406 – Fire protection – Right of entry – Duty of care – Damages
Terms Used In Tennessee Code 11-4-406
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Division: means the division of forestry within the department. See Tennessee Code 11-4-103
- Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
- Property: includes both personal and real property. See Tennessee Code 1-3-105
- State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
The division, through its authorized employees and agents, may, at any time, go upon any land within this state for the purpose of investigating, preventing, or controlling forest, woods, brush, or grass fires of any nature, or to take other action necessary for the control of forest disease, insects, and other pests without incurring liability for trespassing. This includes the right to take needed firefighting equipment onto and over such property, but such persons are charged with the responsibility of taking reasonable precautions to ensure minimum damages. However, nothing herein shall preclude any such property owner whose premises are entered upon for such purpose from recovering such property owner’s actual damages where such person‘s property is damaged as a result of such entry or crossing, and the state board of claims, upon satisfactory proof of such damage and cause thereof, is authorized to make payments therefor to such injured property owner.