What legal remedies are available in a product liability case?
In Utah, product liability cases are governed primarily by the common law of negligence. This means that a person who sells a product has a legal duty to make sure that that product is safe for its intended purpose. When a person is injured due to a defective product, they may be able to recover damages from the seller in a product liability case. In most product liability cases, the injured person must prove that the product was defective. This can be done through evidence like product testing reports or witness testimony. The plaintiff must also show that the defect was the cause of their injury and that the defendant was negligent in making or selling the product. Once the plaintiff has proven their claim, they can be awarded monetary damages. These can include medical expenses, lost wages, and pain and suffering. In addition, punitive damages may be awarded by the court if it is determined that the defendant acted with gross negligence or willful misconduct. In some cases, a product liability case may also include other legal remedies. For instance, the court may order the defendant to repair or replace the defective product, or they may be prohibited from selling the product in the future. Both of these remedies are meant to prevent future harm and protect consumers from dangerous products.
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