Wednesday, March 01, 2006
Products Liability in Tennessee: Defective or Unreasonably Dangerous
In Tennessee, there is a deviation from section 402A of the Restatement (Second) of Torts (1965). Section 402A requires that a product be both defective and unreasonably dangerous. Tennessee, however, uses the disjunctive and does not require both. Instead, liability is imposed if a product that causes injury was in a defective condition or was unreasonably dangerous. See Cruze v. Ford Motor Co., 1999 WL 1206798, at *10 (Tenn. Ct. App. 1999).