When is a Manufacturer of a Product Liable for an Injury Caused by the Product in Tennessee?

Analysis:  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:

(8) “Unreasonably dangerous” means that a product is dangerous to an extent beyond that which would be contemplated by the ordinary consumer who purchases it, with the ordinary knowledge common to the community as to its characteristics, or that the product because of its dangerous condition would not be put on the market by a reasonably prudent manufacturer or seller, assuming that the manufacturer or seller knew of its dangerous condition.

In making the determination as to whether a product is defective or unreasonably dangerous, the knowledge available to the manufacturer or seller at the time the product was placed on market is what is important.  Later acquired knowledge is not necessarily held against the manufacturer.  Specifically, T.C.A. § 29-28-105(b) provides as follows:

(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.

It is of note that in sub-part (d) of this statute it states 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”.  T.C.A. § 29-28-105(d).  An easy example to explain this part of the statute would be that a gun is not considered “unreasonably dangerous” because there is a failure to warn to not shoot yourself with a gun.  Obviously, that should be apparent to the ordinary user.

Additionally, T.C.A. § 29-28-108 provides that a product is not considered unreasonably dangerous if it was made unreasonably dangerous by a subsequent unforeseeable alteration, change, improper maintenance or abnormal use.  Under this circumstance the manufacturer is not liable.  T.C.A. § 29-28-108 specifically states:

If a product is not unreasonably dangerous at the time it leaves the control of the manufacturer or seller but was made unreasonably dangerous by subsequent unforeseeable alteration, change, improper maintenance or abnormal use, the manufacturer or seller is not liable.

Obviously there are many other legal issues at play when dealing with a Tennessee products liability cause of action.  For instance, there are some really good defenses that are available to the seller of the product as opposed to the manufacturer.  These all need to be considered when dealing with a products liability action.  Also, the Tennessee legislature made significant changes to joint and several liability in Tennessee that specifically impact products liability actions (read more about those changes here).