When is a Manufacturer of a Product Liable for an Injury Caused by the Product in Tennessee?
Under Tennessee law a manufacturer of a product is not liable for injuries caused by the product unless it is found to be in a defective condition or unreasonably dangerous at the time it left the control of the manufacturer. As a result, it can often be very important to determine exactly when the alleged defect occurred. T.C.A. § 29-28-105(a) specifically provides as follows:
(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.
The term “defective condition” is defined in this statute as, “a condition of a product that renders it unsafe for normal or anticipatable handling and consumption.” T.C.A. § 29-28-102(2). The term “unreasonably dangerous” is defined in T.C.A. § 29-28-102(8) as follows:
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