What is an “implied warranty” defense to a product liability claim?

In Utah, an implied warranty defense to a product liability claim is a defense that Product Manufacturers can use to protect them from liability. It is an agreement between the manufacturer and the purchaser that the Product is fit for its intended use. This agreement is implied rather than being an expressed agreement, as the parties do not need to express it for it to be valid. An implied warranty is based on the idea that the manufacturer of a product must ensure that the product is reasonably safe when used as it is intended to be and in the manner discussed in its instruction manual. This is to protect consumers from using a product in a way that is not suitable for its intended use, and in turn, from possible harm due to the failure of the Product. Under Utah’s dangerous products law, a defense based on implied warranty will not be successful unless the product manufacturer proves that the product was safe when it left their hands and was used as it was intended. In addition, the manufacturer must also prove that they made no false or misleading representations about the product. An implied warranty defense to a product liability claim can be an effective way for manufacturers to protect themselves from liability. The defense will typically require the manufacturer to show that they have taken all necessary precautions to ensure the safety of their product, and that any failure to do so did not cause the harm that the consumer experienced. As such, it is important that manufacturers take all necessary steps to ensure that their products are safe and comply with all applicable laws and regulations.

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What is an “implied warranty” defense to a product liability claim?

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