2010 Tennessee Code
Title 29 - Remedies And Special Proceedings
Chapter 28 - Products Liability Actions
29-28-105 - Determination of defective or dangerous condition.

29-28-105. Determination of defective or dangerous condition.

(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.

(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.]  

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