What is a “product alteration” defense to a product liability claim?

A product alteration defense to a product liability claim in Utah is when a defendant attempts to show that an alteration to the product made after it left their control or possession caused the injury that the plaintiff is pursuing to recover for. The alteration needs to be an actual physical alteration of the product and not just a simple alteration of use. The product alteration defense is typically used when the defendant does not have sufficient evidence to prove the product was free from defect when it left their control. When the defendant is able to prove that the alteration caused the injury, the responsibility of the injury is shifted from them to the party that made the alteration. The product alteration defense is not easy to prove. The defendant must demonstrate, through evidence, that the alteration caused the injury and was not simply a result of the product’s design. The defendant must also demonstrate that the alteration was not foreseeable, meaning that the defendant could not have anticipated that the alteration would lead to the injury. In Utah, the product alteration defense is available to defendants as an additional defense under Dangerous Products Law. If a defendant is able to prove the alteration caused the injury, they can avoid liability for the injury and, thus, any potential damages.

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What is a “product alteration” defense to a product liability claim?

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