Tenn. Code Ann. § 29-28-106

Seller's liability

Known as the Tennessee Products Liability Act

The act spans §§ 29-28-101 to 29-28-108 (8 sections).

Applied in 16 court decisions — leading case Owens v. Truckstops of America (1996)

Most recently applied in 185 F. Supp. 3d 1033 - Grant v. Kia Motors Corp. (May 2016)

Acts 1978, ch. 703, § 6; T.C.A., § 23-3706; Acts 1983, ch. 286, § 1; 2011, ch. 510, § 12.

How often courts cite this section

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.

No product liability action, as defined in § 29-28-102, shall be commenced or maintained against any seller, other than the manufacturer, unless:

(1) The seller exercised substantial control over that aspect of the design, testing, manufacture, packaging or labeling of the product that caused the alleged harm for which recovery of damages is sought;

(2) Altered or modified the product, and the alteration or modification was a substantial factor in causing the harm for which recovery of damages is sought;

(3) The seller gave an express warranty as defined by title 47, chapter 2;

(4) The manufacturer or distributor of the product or part in question is not subject to service of process in this state and the long-arm statutes of Tennessee do not serve as the basis for obtaining service of process; or

(5) The manufacturer has been judicially declared insolvent.

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.