Injured Because of a Faulty Product?
Becoming injured because of a defective product leaves you with many questions. Who is responsible? What should I do? Where can I get help? These accidents can have long-lasting effects and can set you back financially, emotionally, and physically. Sometimes, they can even cause the death of a loved one. Product liability and malfunction accidents can happen to anyone—but there is help. Let our attorneys answer your questions and help you get back on the right track after your injury.
Have you been Injured in an accident?
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Don’t Pay For Someone Else’s Mistake
Today’s companies are always pushing to create the best products at the fastest pace. This can lead to great advancements in technology and make life easier and more enjoyable for consumers. However, this fast-paced competition can also cause some companies to put products on the shelf before they are fully tested. This type of corporate greed can have heavy costs for those who use the product–including permanent injury, even death. These accidents include everything from defective food products and automobile parts to defective swing sets and implants. Even some of the biggest names in American manufacturing are not exempt from slip-ups and product liability cases. To learn more about product liability laws and your rights as a consumer, check out this list of commonly asked questions below.
Who will be held responsible?
Anyone involved in the making or selling of a product can potentially be held responsible for injuries caused by it. This can include the business that made the parts, assembled it, transported it to the stores, or sold it. Any of these parties can be held responsible because:
- They poorly made the product (which is known as negligence)
- The state made them strictly liable (meaning they are responsible for all injuries no matter how careful they are)
- They gave a warranty that the product would be safe
When should I seek legal help if I was injured by a defective product?
Right away. In Utah, you have two years to hold another person responsible if your injury resulted from a dangerous product. Finding evidence to prove someone was responsible for a defective product takes time. Because of this, you should immediately seek legal advice if you have been injured by a defective product so you can understand your options.
What other important information should I be aware of with product liability laws?
Utah product liability laws allow similar products to be compared to the dangerous product to determine if it is defective. Utah consumers can be held partially at fault for the injuries they receive from a defective product. That means, if you are found to be 50% or more at fault for your injuries, then you will not receive any money for your case. The manufacturer is not responsible for any harm caused by his product if it was modified after leaving his control in a way that caused the injury. Utah generally defines a defective product as unreasonably dangerous if the average user expected it to be less dangerous than it turned out to be. Utah Product liability law says that a warning is good enough if the warning:
- “was designed to reasonably catch the user’s attention”
- could be understood by the user
- explained the potential danger
- was obvious enough for how dangerous the product is
For more information about Utah product liability laws, click here.
What are the types of product liability laws?
In most states, including Utah, there are three ways that a business can be held responsible for its product. These are:
- Design defects
- Manufacturing defects
- Failure to warn of its dangers
1) Design Defects
There are two ways that Utah defines a product design as defective:
- When used properly, the product caused unexpected dangers because of how it was designed.
- When it was designed there was a “safer alternative design” that could have reasonably been used.
To prove this in court, four things must be shown:
- the product’s design was defective
- this “made the product unreasonably dangerous”
- it “was present at the time the defendant [manufactured, distributed, or sold] the product”
- it caused the consumer’s injuries
2) Manufacturing Defects
Utah defines a manufacturing defect in two ways. If the product was made different from:
- “the manufacturer’s design or specifications”
- “products from the same manufacturer that were intended to be identical”
Proving a manufacturing defect requires the same four things as a design defect.
3) Failure to Warn
In Utah, a product manufacturer has a duty to warn users of the dangers of his product if three things are met. If he:
- was “required to provide a warning”
- knew about the danger
- the danger is not one people generally know about
If the manufacturer had a duty to warn consumers, Utah’s laws require three things to prove that he failed to warn users of the dangers of his product.
- He did not warn consumers of the danger
- This “made the product defective and unreasonably dangerous”
- This led to the consumer’s injuries
It is assumed that if the manufacturer did provide a warning on the product, that the consumer should have read it. So even if no one ever reads those warnings, you cannot use this as an excuse.