Types of Product Liability Claims Under Utah Law
There are several types of product liability claims which may be made, including the following:
* Strict Liability - Under strict products liability, a manufacturer is held liable if warnings, design or manufacturing defects make the product 'unreasonably dangerous.'
o Warning Defect-a warning defect means that the manufacturer either failed to warn the consumer about dangers, or provided an inadequate warning.
o Design Defect-a design defect occurs where the manufacturer, according to common engineering principals, could have designed the product in a safer manner. You may recall that lawn mowers used to have exposed blades and no kill switch to prevent contact with rotating blades.
o Manufacturing Defect-a manufacturing defect happens when, although the product is a safe design, a flaw in the manufacturing process makes the product dangerous. For instance, a spoon which is manufactured with edges sharp enough to cut your mouth represents a manufacturing defect.
* Negligence-a claim for the failure to include an effective warning, safe design or prevent manufacturing defects. Unlike strict liability, the claimant must prove that the manufacturer was negligent in the production process or knew or should have known of the defect.
* Breach of Warranty-a claim that the product failed to live up to its purpose. For example, a tire which blows out at freeway speed would be considered a breach of the warranty that the tire is safe for road use.
A Utah products liability lawyer can better help you understand what type, or types, of claim you may have available and will have access to the necessary expert witnesses and engineers needed to establish the claim.
* Strict Liability - Under strict products liability, a manufacturer is held liable if warnings, design or manufacturing defects make the product 'unreasonably dangerous.'
o Warning Defect-a warning defect means that the manufacturer either failed to warn the consumer about dangers, or provided an inadequate warning.
o Design Defect-a design defect occurs where the manufacturer, according to common engineering principals, could have designed the product in a safer manner. You may recall that lawn mowers used to have exposed blades and no kill switch to prevent contact with rotating blades.
o Manufacturing Defect-a manufacturing defect happens when, although the product is a safe design, a flaw in the manufacturing process makes the product dangerous. For instance, a spoon which is manufactured with edges sharp enough to cut your mouth represents a manufacturing defect.
* Negligence-a claim for the failure to include an effective warning, safe design or prevent manufacturing defects. Unlike strict liability, the claimant must prove that the manufacturer was negligent in the production process or knew or should have known of the defect.
* Breach of Warranty-a claim that the product failed to live up to its purpose. For example, a tire which blows out at freeway speed would be considered a breach of the warranty that the tire is safe for road use.
A Utah products liability lawyer can better help you understand what type, or types, of claim you may have available and will have access to the necessary expert witnesses and engineers needed to establish the claim.