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Tenn. Code Ann. § 29-28-105

Determination of defective or dangerous condition

Known as the Tennessee Products Liability Act

The act spans §§ 29–29 (8 sections).

Applied in 40 court decisions — leading case Bethie Pride v. Bic Corporation Societe Bic, S.A. (2000)

Most recently applied in Fox v. Amazon.com, Inc. (July 2019)

Acts 1978, ch. 703, §§ 5, 8; T.C.A, § 23-3705.

How often courts cite this section

1985199020002010201940
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) 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.

(2) 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.

(3) This section does not apply to an action based on express warranty or misrepresentation regarding the chattel.

(4) 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.

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.