What is a “failure to inspect” defense to a product liability claim?

A “failure to inspect” defense to a product liability claim is a defense used in Utah to protect manufacturers from being held liable for an injury caused by using a defective product. This defense is used to establish that the manufacturer, distributor, or supplier did not have the ability to inspect the product and that the injury was caused by a defect that could not have been discovered by a reasonable inspection. In order to successfully use this defense, the manufacturer must prove that, despite reasonable inspections, the product was not safe due to an undetectable defect. In order to make this claim, the manufacturer must prove that under the circumstances, reasonable inspections could have not discovered the defect. If the manufacturer can prove that reasonable inspections could not have revealed the defect, then the manufacturer has successfully raised the defense of “failure to inspect” under Utah Dangerous Products Law. The burden of proof is on the manufacturer to prove that the product defect was not discovered by reasonable inspection. If successful, this defense can relieve the manufacturer from liability for the injury caused by a defective product. It is important to note that a “failure to inspect” defense does not apply if a manufacturer knew of the defect and failed to correct it; in such cases, reasonable inspections would have discovered the defect.

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What is a “failure to inspect” defense to a product liability claim?

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