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[Utah Code Table of Contents]
[TITLE 78. Table of Contents]
78-15-1 Short title of act.
This act shall be known and may be cited as the "Utah
Product Liability Act."
1977
78-15-3 Statute of limitations.
A civil action under this chapter shall be brought within
two years from the time the individual who would be the claimant
in such action discovered, or in the exercise of due diligence
should have discovered, both the harm and its cause.
1989
78-15-4 Prayer for damages.
No dollar amount shall be specified in the prayer of a
complaint filed in a product liability action against a product
manufacturer, wholesaler or retailer. The complaint shall
merely pray for such damages as are reasonable in the premises.
1977
78-15-5 Alteration or modification of product after sale as substantial contributing cause - Manufacturer or seller not liable.
For purposes of Section
78-27-38
, fault shall include an alteration or modification
of the product, which occurred subsequent to the sale by
the manufacturer or seller to the initial user or consumer,
and which changed the purpose, use, function, design, or
intended use or manner of use of the product from that for
which the product was originally designed, tested, or intended.
1989
78-15-6 Defect or defective condition making product unreasonably dangerous - Rebuttable presumption.
In any action for damages for personal injury, death, or property damage allegedly caused by a defect in a product:
(1) No product shall be considered to have a defect or to be in a defective condition, unless at the time the product was sold by the manufacturer or other initial seller, there was a defect or defective condition in the product which made the product unreasonably dangerous to the user or consumer.
(2) As used in this act, "unreasonably dangerous" means that 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.
(3) There is a rebuttable presumption that a product is
free from any defect or defective condition where the alleged
defect in the plans or designs for the product or the methods
and techniques of manufacturing, inspecting and testing the
product were in conformity with government standards established
for that industry which were in existence at the time the
plans or designs for the product or the methods and techniques
of manufacturing, inspecting and testing the product were
adopted.
1977
78-15-7 Indemnification provisions void and unenforceable.
Any clause in a sales contract or collateral document
that requires a purchaser or end user of a product to indemnify,
hold harmless, or defend a manufacturer of a product shall
be contrary to public policy and is void and unenforceable
if a defect in the design or manufacturing of the product
causes an injury or death.
2000
