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Tenn. Code Ann. § 29-28-104

Compliance with government standards — Rebuttable presumption

Known as the Tennessee Products Liability Act

The act spans §§ 29–29 (8 sections).

Applied in 5 court decisions — leading case Surles Johnson v. Greyhound Lines Inc (2007)

Most recently applied in In re Accutane Litig. (October 2018)

Acts 1978, ch. 703, § 4; T.C.A., § 23-3704; Acts 2011, ch. 510, § 11.

How often courts cite this section

1988199020002010201810
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Compliance by a manufacturer or seller with any federal or state statute or administrative regulation existing at the time a product was manufactured and prescribing standards for design, inspection, testing, manufacture, labeling, warning or instructions for use of a product, shall raise a rebuttable presumption that the product is not in an unreasonably dangerous condition in regard to matters covered by these standards.

(2) A manufacturer or seller, other than a manufacturer of a drug or device, shall not be liable for exemplary or punitive damages if: The product alleged to have caused the harm was designed, manufactured, packaged, labeled, sold, or represented in relevant and material respects in accordance with the terms of approval, license or similar determination of a government agency; or

(3) The product was in compliance with a statute of the state or the United States, or a standard, rule, regulation, order, or other action of a government agency pursuant to statutory authority, when such statute or agency action is relevant to the event or risk allegedly causing the harm and the product was in compliance at the time the product left the control of the manufacturer or seller.

(4) Subsection (b) shall not apply if the claimant establishes that the manufacturer or seller: At any time before the event that allegedly caused the harm, sold the product after the effective date of an order of a government agency that ordered the removal of the product from the market or withdrew the agency's approval of the product; or

(5) In violation of applicable regulations, withheld or misrepresented to the government agency information material to the approval and such information is relevant to the harm which the claimant allegedly suffered.

(6) The award of punitive or exemplary damages against a manufacturer of a drug or device shall be governed by § 29-39-104.

Current official text: Tennessee Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Tennessee statutes; confirm against the official source for the current text. Not legal advice.