Product Liability laws are governed by Utah Code 78B-6-701, which specifies the conditions related to design defects, manufacturing defects, and erroneous or missing warnings about the usage of a product.
Most of our product liability cases are built around defects found in vehicles, drugs, medical devices, tires, and exercising equipment. But this is not an exhaustive list. Any product can have a defect and no manufacturer is sacrosanct.
In a product defect case, the victim (consumer/user/plaintiff) usually fights against a manufacturer with deep pockets, and therefore, it is in his interest to work with an experienced Utah product defect attorney on a contingency fee basis. These experienced attorneys can take on the financial might of the deep-pocketed manufacturers.
Here are a few key factors that Utah product defect lawyers would like all victims to know:
What Utah’s product liability attorneys prove in the court
They establish the following about the product:
(a) “That it was unreasonably dangerous” – and the extent of its dangerousness could not be contemplated by the victim. The product defects are reconciled with the victim’s knowledge, training, and experience in handling such products, and the lawyers explain to the court why the product should be considered unreasonably dangerous.
(b) “That it was defective” – the defect could be because of a flaw in the design, error in manufacturing, negligence in testing or inspection, or deviation from regulatory processes.
(c) That there was a “failure in warning” – Some products pose a risk to users and every manufacturer is aware of such risks. Therefore, he must warn consumers about the associated dangers. If he doesn’t, and his failure results in an injury, he is liable to pay damages.
Then they go on to prove that one or more of the flaws discussed above caused the injury.
Proving that a product was defective requires technical expertise (engineering flaws are complex and need to be explained by experts), and in many cases the plaintiff’s lawyers rope in experts to prove their claims.
Documents and information that the victim should present to his lawyer
- Product purchase information/documents
- The date of injury
- The events that led to the accident
- What was it about the product that malfunctioned and caused the accident
- Medical information (diagnosis, bills)
- How the injury has impacted the victim (and the reason why he wants to sue the company)
Other key information the victim should disclose to his attorney
- Did the consumer ignore reading the user manual and the warning signs?
- Did the product get damaged or altered at the time it caused the injury? If this happens, it will make it difficult to prove that the product was defective.
- Did the consumer use the product in the manner it is not intended to be?
The consumer must provide this information to his Utah product defect attorney to ensure there are no surprises and shocks in the court or during settlement negotiations.
Utah’s Statute of Limitations (SoL)
Utah’s laws require the victim to file a case within two years from the date of injury or the date of discovering the injury caused by the product. In most cases, this time starts from the date of medical diagnosis, because that is the day when victims come to know of the source of the injury.
In certain cases, however, the victims do not have any tell-tale signs of an external injury but are injured internally without knowing about it (for example, cancer or some other internal conditions caused by using a product). Such injuries may take a few years to be discovered, and therefore in such cases, the time starts ticking from the date of identifying the source of the injury.
The likely defendants
The victim’s lawyer can go after the manufacturer, distributor, wholesaler, or retailer. Know that all these parties are armed with deep pockets and legal muscle, and are likely to convince the victim to settle his claim quickly for a small sum. That is why the victims need to discuss their case with their attorney and let him decide who should be sued or negotiated with.
Damages that can be claimed
Victims can claim economic, noneconomic, and punitive damages. Economic damages include medical expenses, loss of income (current and future), loss of earning capabilities, etc. Noneconomic damages include disruption of normal life, mental anguish, loss of friends, humiliation, disfigurement, loss of companionship, etc.
Punitive damages are levied on the at-fault party to ensure that he doesn’t repeat his mistakes in the future. However, note that Utah’s courts will award such damages only if it can be conclusively proved that he committed an intentional fraud, or was deliberately careless, or acted maliciously.
FREE CONSULTATION OFFER
In product defect injury cases, the SoL starts ticking and the financial losses start piling up once the injury is identified. Therefore, you need to meet a lawyer and discuss your case as soon as possible.
Our experienced team of Utah product defect lawyers has helped hundreds of clients receive compensation worth millions of dollars, and we are all ready to help you too on a contingency fee basis.
That’s right – You don’t have to worry about paying us a dime.
Take us up on our free consultation offer and see how it helps you. You will gain clarity about your case, and if you have all the required information ready, we will also advise you on approximately how much you are entitled to claim.
Remember, you have nothing to lose and everything to gain in talking to us.
