§ 29-42-102 — Limitations on civil liability actions against dealers, manufacturers, or sellers

A person shall not bring a qualified civil liability action in a court in this state against a dealer, manufacturer, or seller of a qualified product, except under the following circumstances: (1) The dealer, manufacturer, or seller was involved directly in the crime giving rise to the action; (2) An action brought against a transferor convicted under 18 U.S.C. § 924(h) , by a party directly harmed by the conduct of which the transferor is so convicted; (3) An action brought against a seller for negligent entrustment or negligence per se; (4) An action in which a manufacturer or licensed seller or transferor of a qualified product knowingly violated a state or federal statute applicable to the sale or marketing of the product, and the violation was the sole proximate cause of the harm for which relief is sought, including a case in which the manufacturer or licensed seller or transferor knowingly made a false entry in, or intentionally failed to make appropriate entry in, any record required to be kept under federal or state law with respect to the qualified product, or aided, abetted, or conspired with a person in making a false or fictitious oral or written statement with respect to a fact material to the lawfulness of the sale or other disposition of a qualified product; (5) An action for breach of contract or warranty in connection with the purchase of the product; or (6) An action for death, physical injuries, or property damage resulting directly from a defect in design or manufacture of the product, when used as intended or in a reasonably foreseeable manner, except that where the discharge of the product was caused by a volitional act that constituted a criminal offense, then such act is considered the sole proximate cause of any resulting death, personal injuries, or property damage.

Legislative History

Added by 2023 Tenn. Acts, ch. 409, s 1, eff. 7/1/2023.