prudent manufacturer test (Tennessee) · Go Syfert
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prudent manufacturer test in Tennessee

10 Tennessee opinions name it 2 courts 1996–2015 0 in the last five years

The cases below were cited by Tennessee courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Ray Ex Rel. Holman v. BIC Corp.green
tenn · 1996 · cited in 9 Tennessee opinions naming this issue, 1998–2015
2 sentences

2015In BIC, this Court discussed the applicability of the two tests with respeet to “complex products” as follows: For example, ordinary consumers would have a basis for expectations about the safety of a can opener or coffee pot, but, perhaps, not about the safety of a fuel-injection engine or an air bag. [[Image here]] While the statute does not limit applicability of the tests, the prudent manufacturer test will often be the only appropriate means for establishing the unreasonable dangerousness of a complex product about which an ordinary consumer has no reasonable expectation. 925 S.W.2d at 53

2015Holman v. BIC Corp., this Court determined that the Act’s definition of “unreasonably dangerous” provided two alternative tests to determine whether a product is unreasonably dangerous: the consumer expectation test and the prudent manufacturer test. 925 S.W.2d 527, 533 (Tenn.1996).

49
Jackson v. General Motors Corp.green
tenn · 2001 · cited in 1 Tennessee opinions naming this issue, 2015–2015
2 sentences

2015The opinion in BIC clearly states that either the consumer expectation test or the prudent manufacturer test, or both, may be applied in all cases where the product is alleged to be unreasonably dangerous. 60 S.W.3d 800, 804 (Tenn. 2001).

2015The opinion in BIC clearly states that either the consumer expectation test or 'the prudent manufacturer test, or both, may be applied in all cases where the product is alleged to be unreasonably dangerous. 60 S.W.3d 800, 804 (Tenn.2001).

11
Brown v. Crown Equipment Corp.green
tenn · 2005 · cited in 1 Tennessee opinions naming this issue, 2012–2012
2 sentences

2012Brown v. Crown Equipment Corp., 181 S.W.3d 268, 282 (Tenn. 2005) Liability is imposed under the prudent manufacturer test “‘in circumstances in which a reasonably prudent manufacturer with knowledge of a product’s dangerousness would not place the product in the stream of commerce.’” Id. (quoting Ray ex rel.

2012Brown v. Crown Equipment Corp., 181 S.W.3d 268, 282 (Tenn. 2005) Liability is imposed under the prudent manufacturer test “‘in circumstances in which a reasonably prudent manufacturer with knowledge of a product’s dangerousness would not place the product in the stream of commerce.’” Id. (quoting Ray ex rel.

11
Vincer v. Esther Williams All-Aluminum Swimming Pool Co.green
wis · 1975 · cited in 1 Tennessee opinions naming this issue, 1996–1996
2 sentences

1996Comment (i) to that section states that before a product is deemed unreasonably dangerous it must be “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.” Restatement (Second) of Torts, § 402A, comment i; Vincer v. Esther Williams All-Aluminum, 69 Wis.2d 326 , 230 N.W.2d 794, 798-99 (1975). 5 Under this test, a product is not unreasonably dangerous if the ordinary consumer would appreciate the condition of the product and the risk of injury- By contrast, the prud

1996Comment (i) to that section states that before a product is deemed unreasonably dangerous it must be “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.” Restatement (Second) of Torts, § 402A, comment i; Vincer v. Esther Williams All-Aluminum, 69 Wis.2d 326 , 230 N.W.2d 794, 798-99 (1975). 5 Under this test, a product is not unreasonably dangerous if the ordinary consumer would appreciate the condition of the product and the risk of injury- By contrast, the prud

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Coffey v. Dowley Manufacturing, Inc. green
tnmd · 2002
1 sentence

2004Coffey v. Dowley Mfg., Inc., 187 F. Supp. 2d 958 (M.D.

12004–2004
General Motors Corp. v. Farnsworth green
alaska · 1998
1 sentence

2001The opinion in BIC clearly states that either the consumer expectation test or the prudent manufacturer test, or both, may be applied in all cases where the product is alleged to be unreasonably dangerous. *805 Our conclusion in this regard is supported by the case of General Motors v. Farnsworth, 965 P.2d 1209 (Alaska 1998), cited by plaintiff to support his contention that the consumer expectation test may be applied to a products liability case involving a seat belt.

12001–2001
Estate of Ryder v. Kelly-Springfield Tire Co. green
wash · 1978
1 sentence

1996Notwithstanding the difference in focus, these courts predict that the tests “should produce similar results.” Estate of Ryder v. Kelly-Springfield Tire Co., 587 P.2d at 164 .

11996–1996

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 29-28-102 (10) TN § Tenn. Code Ann. § 29-28-105 (8) TN § Tenn. Code Ann. § 29-28-101 (6)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TN 10 (1996–2015) MO 2 (2015–2015)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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