Tennessee Statutes
§ 29-28-106 — Seller's liability
Tennessee § 29-28-106
JurisdictionTennessee
Title29
This text of Tennessee § 29-28-106 (Seller's liability) is published on Counsel Stack Legal Research, covering Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Tenn. Code Ann. § 29-28-106 (2026).
Text
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 pr
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Related
Michael Lind v. Beaman Dodge, Inc., d/b/a Beaman Dodge Chrysler Jeep
356 S.W.3d 889 (Tennessee Supreme Court, 2011)
Lea Ann Tatham v. Bridgestone Americas Holding, Inc.
473 S.W.3d 734 (Tennessee Supreme Court, 2015)
Whitehead v. Toyota Motor Corp.
897 S.W.2d 684 (Tennessee Supreme Court, 1995)
Baker v. Promark Products West, Inc.
692 S.W.2d 844 (Tennessee Supreme Court, 1985)
Davis v. Komatsu America Industries Corp.
42 S.W.3d 34 (Tennessee Supreme Court, 2001)
Shoemake v. Omniquip International Inc.
152 S.W.3d 567 (Court of Appeals of Tennessee, 2003)
Rollins v. Cherokee Warehouses, Inc.
635 F. Supp. 136 (E.D. Tennessee, 1986)
Seals v. Sears, Roebuck and Co., Inc.
688 F. Supp. 1252 (E.D. Tennessee, 1988)
Gentry v. HERSHEY CO.
687 F. Supp. 2d 711 (M.D. Tennessee, 2010)
Grant v. Kia Motors Corp.
185 F. Supp. 3d 1033 (E.D. Tennessee, 2016)
Dey v. Subaru of America, Inc.
(E.D. Tennessee, 2022)
Hill v. Century Arms, Inc. (TV1)
(E.D. Tennessee, 2021)
Nixon v. Bevini, S.R.L.
(M.D. Tennessee, 2022)
Scruggs v. Walmart Inc.
(E.D. Tennessee, 2023)
Spencer v. Caracal International, LLC
(M.D. Tennessee, 2021)
Steverson v. Walmart
(M.D. Tennessee, 2020)
Thompson v. Raymond Corporation
(W.D. Tennessee, 2025)
Zajaros v. Volvo Cars of North America, LLC
(M.D. Tennessee, 2025)
Danny Long v. Quad Power Products, LLC
(Court of Appeals of Tennessee, 2015)
Carolyn Coffman v. Armstrong International, Inc.
(Court of Appeals of Tennessee, 2019)
Legislative History
Acts 1978, ch. 703, § 6; T.C.A., § 23-3706; Acts 1983, ch. 286, §1; 2011 , ch. 510, § 12.
Nearby Sections
15
§ 29-1-101
Application of equitable remedies§ 29-1-102
Injunction pending litigation§ 29-1-103
Receivers pending litigation§ 29-1-104
Receiver's bond§ 29-1-106
Judges granting extraordinary process§ 29-1-107
Statement as to first application§ 29-1-108
Application after refusal§ 29-1-109
Endorsement of refusal§ 29-1-110
Transmission of bill and fiat to clerk§ 29-1-111
Scope of provisions§ 29-10-101
Chapter definitions§ 29-10-103
Enforcement of chapterCite This Page — Counsel Stack
Bluebook (online)
Tennessee § 29-28-106, Counsel Stack Legal Research, https://law.counselstack.com/statute/tn/29-28-106.