Midvale serves as a retail destination for the entire Salt Lake Valley. Thousands of shoppers visit the stores at Fort Union, Bingham Junction, and the surrounding commercial centers every day.
We trust that the products we buy, from power tools to children’s toys, are safe to use. However, when a manufacturer cuts corners to save money, that trust is broken. A defective product can cause catastrophic injuries in your own home.
Product liability in Utah allows consumers to hold manufacturers, distributors, and retailers accountable when dangerous goods reach the shelves.
You need to know that product liability cases operate differently from standard negligence claims.
You do not always need to prove the manufacturer was careless; you often only need to prove the product was unreasonably dangerous. Parker & McConkie confronts global corporations and their insurers. We investigate the design process, the manufacturing line, and the warning labels to uncover where the safety failure occurred.
We ensure that the companies profiting from unsafe products pay for the harm they inflict on Midvale families.
Crucial concepts for consumers
- Strict liability: Manufacturers are strictly liable for defective products, meaning you don’t always have to prove they knew about the defect, only that the defect existed.
- The chain of commerce: You can sue anyone in the supply chain, from the factory that made the part to the local store that sold it to you.
- Time limits: The statute of limitations for product liability is shorter than for general negligence, giving you only two years from the time you discover the harm.
What Are the Three Types of Product Defects?
A product defect refers to any flaw in the design, manufacturing, or marketing of a product that makes it unreasonably dangerous for its intended use.
Utah law recognizes three distinct categories of defects. Understanding which one applies to your injury is the first step in building a case. We analyze the product to determine exactly how it failed you.
- Design Defects: This means the product’s blueprint was inherently dangerous. Every unit made was unsafe, like a vehicle prone to rolling over or a crib with slats too wide.
- Manufacturing Defects: This occurs when a specific unit departs from the intended design due to an error on the assembly line. For example, a bike frame with a weak weld or a batch of tainted medicine.
- Failure to Warn (Marketing Defects): This involves products that lack adequate instructions or warnings about non-obvious dangers. If a chemical cleaner does not warn users to wear gloves, the manufacturer is liable for burns.
We hire engineers and safety experts to pinpoint the defect. We prove that the product was not just broken but dangerous by definition.
How Does the Utah Product Liability Act Protect You?
The Utah Product Liability Act (§ 78B-6-701) provides the legal framework for holding companies accountable. This statute allows you to sue if a product was unreasonably dangerous to the user.
This means the product was more dangerous than an ordinary consumer would expect. We use this Act to establish strict liability against the manufacturer.
- Unreasonably Dangerous: We show that the risk of using the product outweighed its utility or that a safer alternative design existed.
- Intended Use: We prove that you were using the product as intended or in a way the manufacturer should have foreseen.
- No Alteration: We demonstrate that you did not modify the product in a way that caused the injury.
This law shifts the burden away from proving negligence and onto proving the defect. We use it to cut through the manufacturer’s excuses.
Why Is the Statute of Limitations Different for Products?
Most personal injury cases in Utah have a four-year statute of limitations. However, product liability cases operate under a different timeline. Utah Code § 78B-6-706 sets a two-year limit from the time you discover, or should have discovered, the harm and its cause.
This discovery rule means the clock starts ticking when you realize the product hurt you, not necessarily when you bought it. We manage this strict deadline to protect your claim.
- Discovery Date: We pinpoint the exact date you linked your injury to the product to establish the filing window.
- Statute of Repose: We also check if the product is too old to sue over, as Utah law has limits on how long a manufacturer remains liable after a product is sold.
- Immediate Action: We file the lawsuit quickly to ensure we do not miss this shorter two-year window.
Missing this deadline destroys your case. We ensure all filings happen well within the legal timeframe.
For an example of how liability can hinge on whether a defect or poor maintenance caused the crash, read our analysis of truck brake failures on Salt Lake City’s canyon roads and how product liability differs from maintenance negligence.
What Risks Do Local Shopping Hubs Present?
Midvale’s retail centers like the Shops at Fort Union and Bingham Junction offer everything from electronics to home improvement supplies. While the stores themselves are not always liable, they are the point of entry for these dangerous goods.
A defective ladder bought at a local hardware store or a contaminated supplement from a health shop brings danger into your home. We investigate the path the product took to reach you.
- Retailer Liability: In some cases, if the retailer knew of the defect or participated in the assembly, they share liability.
- Distributor Responsibility: We track the product back to the wholesaler or importer who brought it into the state.
- Local Impact: We look for patterns of injury in the community to see if a bad batch was sold specifically in Midvale.
We identify every link in the chain of commerce. We ensure that everyone who profited from the sale faces accountability.
How Do We Prove a Design Defect?
Proving a design defect is complex because it challenges the engineering choices of a major corporation. We must show that the company could have made the product safer without destroying its utility or making it too expensive.
We use advanced analysis to prove a safer alternative existed.
- Alternative Designs: We show that competitors use a safer design for the same type of product.
- Cost-Benefit Analysis: We prove that adding a safety guard or using stronger material would have cost pennies but saved lives.
- Risk Assessment: We demonstrate that the company knew about the risk during testing but chose to ignore it.
We force the company to defend their choice to prioritize profit over safety. We show the jury that the injury was preventable.
Can You Sue for a Failure to Warn?
Many products carry inherent risks that cannot be designed away, like chainsaws or prescription drugs. In these cases, the manufacturer has a duty to warn the user. If the warning label is hidden, vague, or missing, the product is defective.
We evaluate the adequacy of the product’s warnings.
- Placement: Was the warning in a place where the user would actually see it before using the product?
- Clarity: Did the warning clearly explain the specific danger and how to avoid it?
- Language: Was the warning easy to understand for the average consumer?
We prove that the manufacturer kept you in the dark. We argue that if you had been properly warned, you would have avoided the injury.
What Damages Are Available in Product Cases?
Product liability cases often involve severe injuries like burns, amputations, or poisoning. The financial impact lasts a lifetime. We calculate the full cost of the injury to demand a settlement that covers your future needs.
We pursue comprehensive compensation for your losses.
- Medical Costs: We recover expenses for surgeries, hospitalization, and long-term rehabilitation.
- Lost Income: We calculate the wages you lost and the future earning capacity you sacrificed due to the injury.
- Pain and Suffering: We quantify the physical pain and emotional distress caused by the defective product.
- Punitive Damages: If the company hid the defect or acted with reckless disregard for safety, we seek extra damages to punish them.
We refuse to let a corporation treat your injury as a cost of doing business. We demand a payout that reflects the severity of the harm.
Why Do You Need a Product Liability Lawyer?
Fighting a product manufacturer is a massive undertaking. These companies have teams of lawyers and experts dedicated to defending their products. They will blame you for misusing the product or claim the defect didn’t exist when it left the factory.
We provide the resources and expertise to win.
- Expert Network: We have access to engineers, chemists, and safety experts who can testify against the manufacturer.
- Evidence Preservation: We know how to secure the product and the testing data before the company destroys it.
- Litigation Experience: We are prepared to take the case to trial if the company refuses to offer a fair settlement.
We level the playing field. We ensure your voice is heard against the corporate giant.
We level the playing field—your Product Liability Lawyer ensures your voice is heard against the corporate giant.
Frequently Asked Questions
Can I sue if I lost the receipt?
Yes. While a receipt helps, we can use credit card statements, store records, or witness testimony to prove you purchased the product.
What if I threw the product away?
It is much harder to win without the product, but not impossible. If we can prove the defect was in the design and present in all units, we may still have a case. However, keeping the product is vital.
Does a recall prove the product was defective?
A recall is strong evidence, but it does not automatically win your case. We still must prove that the specific defect caused your specific injury.
Can I sue if I bought the product used?
It depends. You generally cannot sue the person who sold it to you at a yard sale, but you may still have a claim against the original manufacturer if the product was unreasonably dangerous when it was first sold.
How long does a product liability case take?
These cases are complex and often take 18 months to several years to resolve. We prioritize getting the right result over a quick result.
Don’t Let a Defective Product Ruin Your Life
You trusted the product, and it failed you. Parker & McConkie serves consumers in Midvale, Sandy, Murray, and throughout Utah. We provide the strength, the strategy, and the dedication you need to win.
