What is a “foreign object defense”?

A “foreign object defense” is a legal argument used in Tennessee’s products liability law. It states that if a foreign object, such as a manufacturing defect, was found in or on a product after it was purchased, the manufacturer of the product may not be liable for any injuries sustained. For instance, if a consumer purchases a pre-packaged food product from a grocery store, such as a can of soup, and after they open it they find a foreign object, such as a nail, the manufacturer may not be held responsible for any injuries sustained from the foreign object. Instead, the blame would be on the retailer who sold the product, as they would have been responsible for examining the product before it was sold. In order for the defense to be effective, the party arguing the defense must demonstrate that the foreign object was not present at the time the product was sold, and that the product cannot be attributed to the defendant. This makes it difficult for the defense to be successful in Tennessee products liability cases, as courts tend to favor the injured party. In addition, the foreign object defense may also be used to protect a manufacturer from any claims that they failed to warn a consumer of a specific danger associated with a certain product. Again, the defense relies on the party arguing it to demonstrate that the foreign object caused the injury, and the manufacturer had no control or knowledge of it.

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What is a “foreign object defense”?

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