Utah Product Liability Act
Utah · 78B · §§ 78B-6-701 to 78B-6-708 · 8 sections
Overview
A product liability act governs civil claims for injury or harm caused by defective products, setting the terms on which manufacturers and sellers may be held liable. It defines when a product is defective or in a condition unreasonably dangerous, attaches a rebuttable presumption to that question, addresses how damages are pleaded, and fixes the period within which a claim must be brought. It also establishes defenses and bars to liability — including where a product was altered or modified after sale in a way that substantially contributed to the harm, and a state-of-the-art defense applicable to automated driving systems — and makes certain indemnification provisions void and unenforceable.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 6 court decisions.
Most-cited authority: 2008 UT 84 - Utah Local Government Trust v. Wheeler MacHinery Co.
Sections covered
- Utah Code § 78B-6-701Title1 cite
- Utah Code § 78B-6-702Definitions
- Utah Code § 78B-6-703Defect or defective condition making product unreasonably dangerous -- Rebuttable presumption
- Utah Code § 78B-6-704Prayer for damages
- Utah Code § 78B-6-705Alteration or modification of product after sale as substantial contributing cause -- Manufacturer or seller not liable
- Utah Code § 78B-6-706Statute of limitations4 cites
- Utah Code § 78B-6-707Indemnification provisions void and unenforceable1 cite
- Utah Code § 78B-6-708State of the art affirmative defense against product liability for an automated driving system
Enacted in other states
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