Tennessee § 29-28-106 - Seller's liability.

§ 29-28-106. Seller's liability.

No product liability action, as defined in § 29-28-102 , shall be commenced or maintained against any seller, other than the manufacturer, unless: 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; 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; The seller gave an express warranty as defined by title 47, chapter 2; 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 The manufacturer has been judicially declared insolvent. Acts 1978, ch. 703, § 6; T.C.A., § 23-3706; Acts 1983, ch. 286, § 1; 2011, ch. 510, § 12. Compiler's Notes. Acts 2011, ch. 510, § 1 provided that the act shall be known and cited as the “Tennessee Civil Justice Act of 2011.” Acts 2011, ch. 510, § 24 provided that the act, which rewrote this section, shall apply to all liability actions for injuries, deaths and losses covered by this act which accrue on or after October 1, 2011. Law Reviews. Selected Tennessee Legislation of 1983 (N. L. Resener, J. A. Whitson, K. J. Miller), 50 Tenn. L. Rev. 785 (1983). Symposium: On Product “Design Defects” and Their Actionability (John W. Wade), 33 Vand. L. Rev. 551 (1980). Symposium: Unmasking the Test for Design Defect: From Negligence [to Warranty] to Strict Liability to Negligence (Sheila L. Birnbaum), 33 Vand. L. Rev. 593 (1980). The Exclusiveness of an Employee's Workers' Compensation Remedy Against His Employer (Joseph H. King, Jr.), 55 Tenn. L. Rev. 405 (1988). The Restatement (Third) of Products Liability: Is it a Reasonable Alternative Design to Tennessee's Products Liability Statute? (Robert S. Stevens), 39 U. Mem. L. Rev. 463 (2009). The Standard of Care for Veterinarians in Medical Malpractice Claims (Joseph H. King, Jr.), 58 Tenn. L. Rev. 1 (1990). The Tennessee Products Liability Act, 9 Mem. St. U.L. Rev. 105. 1985 Tennessee Survey: Selected Developments in Tennessee Law, 53 Tenn. L. Rev. 415 (1986). Cited: Memphis Bank & Trust Co. v. Water Services, Inc., 758 S.W.2d 525, 1988 Tenn. LEXIS 174 (Tenn. 1988); Owens v. Truckstops of Am., 915 S.W.2d 420, 1996 Tenn. LEXIS 62 (Tenn. 1996); Coffey v. Dowley Mfg., 187 F. Supp. 2d 958, 2002 U.S. Dist. LEXIS 6898 (M.D. Tenn. 2002).