Utah Product Liability Attorney
We don’t expect the products we use to malfunction. However, when they do, it can cause serious harm. Suffering an injury 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 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 Utah personal injury attorneys answer your questions and help you get back on track after your injury by claiming compensation.
Were you injured because of a faulty product? Let our Utah product liability lawyers help you claim financial compensation. Contact us today to schedule your free consultation.
How Can a Product Liability Lawyer Help Me?
A product liability lawyer can help you investigate and pursue your legal claim. They can customize a course of action and legal strategy for your unique circumstances. By learning about your story, your needs, and goals, a product liability lawyer can customize a plan of action to get results for you.
As one of Utah’s top personal injury law firms, we at Christensen & Hymas have years of experience working with cases just like yours. We will fight to defend your rights and get you the compensation you deserve. We will work one-on-one with you and personally handle every aspect of your case to ensure you get the most from your claim.
How Does Product Liability or Malfunctions Happen?
Don’t pay for someone else’s mistake. Today’s companies are always pushing to create the best products with the highest profits. This fast-paced competition can cause some companies to put products on the shelf before they are fully tested. Plus, manufacturers can cut corners.
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 bad 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, contact our team of experienced personal injury lawyers today.
How Can I Get Compensation for a Defective Product?
To get compensation for a defective product, you must file a lawsuit. In the suit, you explain that you were the victim of a defective product and deserve monetary compensation. You don’t have to explain how the product ended up defective. Instead, you show that it fell below legal standards for that type of product and that you were harmed as a result.
Utah Product Liability Laws
The Utah Product Liability Act creates rules for defective product lawsuits and compensation. The manufacturer may be liable for damages if a product is unreasonably dangerous to the consumer.
Utah product liability laws give three ways that a business can be held responsible for its product. These are:
1. Design Defects
A product can be defective if there are unexpected dangers because of the way that it is designed. The ordinary user may not appreciate that a product can be more dangerous than they might expect. There may have been a way that the manufacturer could have designed the product more safely, given the technology and knowledge available in the industry at the time.
To show defective design, you must prove that the design was defective and that it made the product unreasonably dangerous. In addition, you must show that an accident occurred and that it caused the victim’s injuries. Finally, you must demonstrate what amount is appropriate to receive in damages.
2. Manufacturing Defects
A manufacturing defect can also be grounds for a product liability claim. It occurs during the process of actually creating the product. If it differs from the design or specifications that are intended for the product, or if it is somehow different than it is intended to be, there may be legal liability for a manufacturing defect.
The victim doesn’t need to prove what went wrong in the manufacturing process. Given that this information is in the hands of the defendant, it would be hard to show what went wrong. Instead, the victim must show only that the product was defective and that it caused an injury to the victim.
3. Failure to Warn
In Utah, a product can be defective if consumers don’t have the information that they need to use it correctly. If there is a danger that is not immediately apparent, the manufacturer has a duty to warn and instruct consumers.
To prove their case, the victim must show that they were injured because of the failure to warn of the danger. The law assumes that consumers read warnings. Failing to read a warning or instructions that come with a product is not an excuse.
Statute of Limitations for Products Liability Claims in Utah
Under Utah Code 76B-6-701, a products liability claim must be made within two years. A products liability or malfunction case must begin within two years after the first issue is experienced, regardless of whether the customer knows the cause or not.
Product Liability Claims FAQs
When is a product considered unreasonably dangerous to the consumer?
A product is considered unreasonably dangerous to the consumer if it’s dangerous to an extent beyond what an ordinary consumer would think of, given the risks and obvious dangers of the product.
What compensation can I receive for a products liability case?
The compensation that you can receive for a products liability case can include a wide range of losses that include actual financial expenses from your injuries, reasons you don’t earn an income because of your injuries, property damage, and payment for suffering. You don’t need to include a specific amount of damages in your prayer for relief in the initial complaint.
What can prevent me from making a product liability claim?
Don’t wait too long to start a product liability claim. Waiting too long can make it difficult or impossible to pursue a claim. In addition, seek out the cause the first time your product malfunctions or puts you in a dangerous position. Also, alterations to the product after its purchase, which may have contributed to any harm experienced, may prevent the manufacturer or seller from being held liable.
Who can be held responsible for a defective product?
Anyone involved in the making or selling of a product can potentially be held legally liable for injuries caused by it. This can include the business that made the parts, assembled them, transported them to the stores, or sold them. Any of these parties can be held responsible because:
- The product is poorly made
- The instructions were lacking or didn’t clearly explain how to use the product safely
- Poor care during transport and sale of the item caused a defect
- There was a safety guarentee
When should I seek legal help if I was injured by a defective product?
The best time to seek legal help if you are injured by a defective product is right away. Finding the evidence to prove someone was responsible for a defective product takes time. Plus, you have a limited period of time to initiate a claim for compensation. Because of this, you should immediately seek legal advice if you have been injured by a defective product so you can understand your options.
Can I receive compensation for a defective product in Utah if I’m partially at fault?
Yes, it is possible to receive compensation if you are partially at fault for a defective product in Utah. You can still receive compensation if you are less than 50% at fault for your injuries. The law that determines compensation in cases of shared fault is called comparative negligence.
When the consumer is 50% or more at fault for their injuries, they cannot receive anything. The purpose of comparative negligence is to do justice when an accident occurs because of complex reasons. The victim may still be deserving of compensation, but the defense should pay only for their share of liability.
As lawyers for defective products, we work carefully to prove fault and counter any claims of comparative negligence. Proving liability can be critical to your case. Our team works to build a compelling case to present to the jury and put you in a strong position for settlement negotiation.
Free Consultation Lawyers for Defective Products
When you’re hurt because of a defective product, you have the right to claim financial compensation. You only get one chance to make a great case. How you handle the legal claim can impact the amount that you receive. It is also an important step in making the products we use safer and holding a corporation accountable for causing harm.
If you are a victim or have questions about something that has happened, contact us today for a free consultation with our lawyers for defective products in Utah. Work with our team of honest, professional, and compassionate lawyers who have a track record of success.