(a) A manufacturer or seller of a product shall not be liable for any injury to a person or property caused by the product unless the product is determined to be in a defective condition or unreasonably dangerous at the time it left the control of the manufacturer or seller.
Terms Used In Tennessee Code 29-28-105
- Defective condition: means a condition of a product that renders it unsafe for normal or anticipatable handling and consumption. See Tennessee Code 29-28-102
- Manufacturer: means the designer, fabricator, producer, compounder, processor or assembler of any product or its component parts. See Tennessee Code 29-28-102
- Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
- Product: means any tangible object or goods produced. See Tennessee Code 29-28-102
- Property: includes both personal and real property. See Tennessee Code 1-3-105
- Seller: includes a retailer, wholesaler, or distributor, and means any individual or entity engaged in the business of selling a product, whether such sale is for resale, or for use or consumption. See Tennessee Code 29-28-102
- 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
- Unreasonably dangerous: means that a product is dangerous to an extent beyond that which would be contemplated by the ordinary consumer who purchases it, with the ordinary knowledge common to the community as to its characteristics, or that the product because of its dangerous condition would not be put on the market by a reasonably prudent manufacturer or seller, assuming that the manufacturer or seller knew of its dangerous condition. See Tennessee Code 29-28-102
(b) In making this determination, the state of scientific and technological knowledge available to the manufacturer or seller at the time the product was placed on the market, rather than at the time of injury, is applicable. Consideration is given also to the customary designs, methods, standards and techniques of manufacturing, inspecting and testing by other manufacturers or sellers of similar products.
(c) The provisions of this section do not apply to an action based on express warranty or misrepresentation regarding the chattel.
(d) A product is not unreasonably dangerous because of a failure to adequately warn of a danger or hazard that is apparent to the ordinary user.
[Acts 1978, ch. 703, §§ 5, 8; T.C.A, § 23-3705.]