What are the defenses to a negligence product liability claim?

In Utah, the defenses to a negligence product liability claim are limited. Generally, a manufacturer or seller of a dangerous product may be held liable for damages caused by the product if they do not exercise reasonable care in either the design or manufacture of the product or in the sale or warning of its expected use. In some cases, the manufacturer may be able to present a defense of contributory negligence or assumption of risk. Contributory negligence involves showing that the person claiming damages was partially responsible for their injury, or that they should have taken some reasonable precaution to prevent it. Assumption of risk involves showing that the injured person was aware of the risks of using the product and that they accepted those risks by using the product anyway. In Utah, manufacturers and sellers of dangerous products may also be able to assert that they were unaware of the product’s dangerous propensities, or that the dangerous propensities of the product were the result of a third-party’s design or production. In this defense, the manufacturer or seller must show that they used reasonable care and exercise ordinary skill in the design and manufacturing of the product. Finally, Utah law also allows the manufacturer or seller of a dangerous product to raise the defense of statute of repose. This defense involves showing that the claim was brought too late, after a period of time that the law has set as a deadline after which claims can no longer be made. This period of time can vary, so the manufacturer must be aware of the specific laws in the state they are selling in.

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What are the defenses to a negligence product liability claim?

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