What is a “risk-utility” defense to a product liability claim?

A “risk-utility” defense to a product liability claim is a legal defense used against product liability claims in the state of Utah. It is based on the concept that a person or business involved in designing, manufacturing, distributing, or selling a product must take into account the costs associated with the risks associated with the product, and the benefits it will provide to the user. The risk-utility defense asserts that the product is not defective if the costs of avoiding the risk of harm are greater than the benefits that would be gained. It also states that the product is not defective if the risk of harm is known but is outweighed by the benefit of the product. In Utah, this defense is not absolute and is subject to several exceptions. The most important of these is that the manufacturer, distributor, or seller of the product must be able to show that it took reasonable steps to minimize the risks associated with the product. Additionally, the risk-utility defense does not apply if the risk of harm could have been eliminated, but the product was still allowed to be sold. Ultimately, the risk-utility defense is an important tool in determining who is liable for a product’s defects. It enables those involved in the product’s design, manufacture, sale, or distribution to avoid liability if the costs associated with avoiding the risk of harm outweigh the benefits of providing users with the product.

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What is a “risk-utility” defense to a product liability claim?

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