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Current as of January 02, 2024 | Updated by Findlaw Staff
(a) A person shall not bring a qualified civil liability action 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;
(4) An action in which a manufacturer, seller, or transferor of a qualified product intentionally 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, seller, or transferor intentionally 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.
(b) In a qualified civil liability action brought against a dealer, manufacturer, or seller of a qualified product, the complaint must allege that the dealer, manufacturer, or seller of the qualified product directly caused the damages alleged. The burden of proof is on the plaintiff to demonstrate by clear and convincing evidence that the civil liability action is not barred by this section. If a court determines a civil liability action is barred by this section, then the court shall dismiss the civil liability action with prejudice for failure to state a claim upon which relief can be granted.
(c) To protect the individual right to keep and bear arms, as guaranteed by both the constitution of this state and the United States Constitution, by fostering a robust marketplace to ensure ready access to arms and accompanying accoutrements, it is the public policy of this state not to allow recovery against a dealer, manufacturer, or seller of a qualified product for qualified civil liability actions or other causes of action resulting from or relating to the criminal or unlawful misuse of qualified products by third parties, public nuisance or market share theories of liability, or any other theory of liability not recognized by the laws of this state.
(d) If a litigant seeks to enforce, pursuant to the Uniform Enforcement of Foreign Judgments Act, compiled in title 26, chapter 6, part 1, or otherwise, a foreign judgment or award against a dealer, manufacturer, or seller of a qualified product, then the litigant and the litigant's attorney must certify that enforcement of the foreign judgment does not violate the public policy of this state. The burden of proof in an action to enforce a foreign judgment in this state is on the plaintiff to demonstrate by clear and convincing evidence that the basis for liability under the foreign judgment would not have been barred by this section if the action had been brought as a qualified civil liability action in this state. If the court determines that the foreign judgment does violate the public policy of this state, then the court shall dismiss the action to enforce the foreign judgment with prejudice. The court shall award a judgment against the judgment creditor and the judgment creditor's attorneys, jointly and severally, in favor of the dealer, manufacturer, or seller of a qualified product for three (3) times the value of the foreign judgment attempted to be domesticated, plus attorney fees and costs incurred defending against enforcement of the foreign judgment.
Cite this article: FindLaw.com - Tennessee Code Title 29. Remedies and Special Proceedings § 29-42-102 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-29-remedies-and-special-proceedings/tn-code-sect-29-42-102/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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