What is 'Unreasonably Dangerous' in Utah Products Liability Law?
What is 'unreasonably dangerous?'
In order to prove 'strict liability' the claimant must show that the product was 'unreasonably dangerous.' This is a loaded term and often the crux of the argument between people injured and manufacturers. Utah statutory law defines unreasonably dangerous as:
the product was dangerous to an extent beyond which would be contemplated by the ordinary and prudent buyer, consumer or user of that product in that community considering the product's characteristics, propensities, risks, dangers and uses together with any actual knowledge, training, or experience possessed by that particular buyer, user or consumer.
Utah Code Ann. §78-15-6(1).
Notably, this language takes into account not only the 'ordinary' or average joe user, but also the product's risks/dangers as well as the actual knowledge of the user. Utah law is somewhat unique in this definition. Most states only adopt either the 'ordinary' consumer expectation or whether the design could have been made safer at the time of manufacture.
In order to prove 'strict liability' the claimant must show that the product was 'unreasonably dangerous.' This is a loaded term and often the crux of the argument between people injured and manufacturers. Utah statutory law defines unreasonably dangerous as:
the product was dangerous to an extent beyond which would be contemplated by the ordinary and prudent buyer, consumer or user of that product in that community considering the product's characteristics, propensities, risks, dangers and uses together with any actual knowledge, training, or experience possessed by that particular buyer, user or consumer.
Utah Code Ann. §78-15-6(1).
Notably, this language takes into account not only the 'ordinary' or average joe user, but also the product's risks/dangers as well as the actual knowledge of the user. Utah law is somewhat unique in this definition. Most states only adopt either the 'ordinary' consumer expectation or whether the design could have been made safer at the time of manufacture.
Get Help Now - Call 1.877.359.8400.
If you are worried, have questions or concerns, call 1.877.359.8400 to speak with an attorney about your personal injury, wrongful death or medical malpractice case. Or, fill out a form for a free, confidential, no-obligation review by a lawyer.
Get Help Now - Call 1.877.359.8400.
If you are worried, have questions or concerns, call 1.877.359.8400 to speak with an attorney about your personal injury, wrongful death or medical malpractice case. Or, fill out a form for a free, confidential, no-obligation review by a lawyer.