Section 29-28-106 - Seller's liabilityNo 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 process; or(5) The manufacturer has been judicially declared insolvent.Acts 1978, ch. 703, § 6; T.C.A., § 23-3706; Acts 1983, ch. 286, §1; 2011 , ch. 510, § 12.