One Call, That’s All 800-404-9000
CASE EVALUATIONS ARE FAST, EASY, AND FREE.
A product liability claim is a civil case arising when a defective or unsafe product causes personal injury, death, or property damage. Product liability claims work in Sandy, Utah by allowing people harmed by unsafe consumer goods to seek compensation from manufacturers, distributors, retailers, and others in the product’s chain of sale. A product liability claim generally asks whether a design flaw, manufacturing error, or inadequate warning made the product unreasonably dangerous and caused an injury.
Under the Utah Product Liability Act, Utah Code § 78B-6-703, a product is not considered defective unless it contained a defect when sold by the manufacturer or other initial seller and that condition made it unreasonably dangerous. Utah Code § 78B-6-702 defines “unreasonably dangerous” as danger beyond what an ordinary and prudent buyer, user, or consumer would expect after considering the product’s characteristics, risks, warnings, and intended use.
At Craig Swapp & Associates, our Sandy product liability lawyers represent injured persons harmed by defective products by investigating defective products, identifying responsible companies, documenting losses, and pursuing payment through settlement or litigation.
Medical care should come first, even when an injury initially appears manageable. Prompt treatment protects your health and creates records connecting the condition to the incident.
Keep the product in its post-incident condition and do not repair, discard, return, or surrender it before evidence is preserved. Save the packaging, receipt, instruction manual, warranty, model and serial numbers, photographs, damaged clothing, and communications with the seller.
Write down how the product was being used, who witnessed the event, and whether it overheated, broke, leaked, or failed without warning. A product liability attorney may arrange an inspection, review recall and complaint histories, and send preservation notices before evidence disappears.
Utah product liability claims usually have a shorter deadline than many other personal injury cases.
Utah Code § 78B-6-706 requires an action to be filed within 2 years after the claimant discovered, or through reasonable diligence should have discovered, both the harm and its cause. Utah also imposes a statute of repose under Utah Code § 78B-6-706, which generally bars product liability claims if they are not filed within 10 years after the date the product was first sold for use or consumption, regardless of when the injury was discovered.
That specific rule matters because a general Utah personal injury overview may list a typical 4-year filing period, but the Utah Product Liability Act uses its own 2-year discovery deadline and a separate outer time limit under the statute of repose. Waiting can also lead to missing packaging, unavailable witnesses, and lost corporate records.
The exact date may depend on when the causal connection became reasonably discoverable and whether a legally recognized tolling rule applies. Early review by defective product lawyers in Sandy helps prevent an injured person from relying on the wrong deadline.
The process of product liability claims in Sandy usually begins with an investigation rather than an immediate injury lawsuit. Counsel gathers medical records, purchase documents, photographs, witness statements, recall information, and technical findings, then identifies potentially responsible manufacturers, component makers, distributors, and sellers.
A product liability claim may be presented to the companies and their insurers through a demand explaining the defect, causation, injuries, and requested compensation. If negotiations do not produce a fair result, a product liability lawsuit begins by filing a complaint and completing formal service under the Utah Rules of Civil Procedure.
Sandy is in Salt Lake County, which is part of Utah’s Third Judicial District. Higher-value product injury cases are generally handled in district court, while a qualifying money-only claim of no more than $20,000 may be filed in Sandy Justice Court when the court’s venue requirements are met.
After filing, the parties exchange information through discovery, take depositions, inspect the product, consult technical and medical witnesses, and address pretrial motions. The case may resolve through negotiation or mediation, but trial remains available when the parties cannot agree.
A claimant in product liability cases generally must prove that the product was defective, the defect existed when it left the responsible defendant’s control, the condition made the product unreasonably dangerous, and the defect caused compensable harm. Evidence must connect the unsafe condition to the injury rather than merely showing that an accident occurred.
A design-defect claim may examine ordinary consumer expectations and whether evidence shows that a safer, technically and economically feasible design was available. A manufacturing case may compare the item with product specifications, while a warning claim may ask what the company knew, what instructions it provided, and whether an adequate warning would have prevented the injury.
Recoverable losses may include emergency care, surgery, medication, rehabilitation, future treatment, lost wages, reduced earning capacity, property damage, pain, emotional distress, disability, scarring, and loss of enjoyment of life. A fatal incident may support a wrongful death claim for losses recognized by Utah law.
Punitive damages are separate from compensation for an injured person’s losses and are not automatic. Utah requires heightened proof of conduct such as willful and malicious behavior or knowing and reckless indifference before punitive damages may be awarded.
A product liability lawyer can work with medical, financial, vocational, and engineering professionals to document the injury’s full effect. This is especially important when a company proposes payment before future medical and financial consequences are fully understood.
Product liability claims in Sandy require proof of a dangerous defect, a direct link to the injury, documented damages, and compliance with Utah’s statute of limitations. Preserving the product and seeking legal review early can keep important evidence from being lost.
If a defective product caused your injury, Craig Swapp & Associate has product liability attorneys in Sandy who can help you pursue accountability from liable parties. Call us today at 801-845-9026 or contact us using our online form to schedule your free initial consultation.
Written By: Ryan Swapp Legal Review By: Craig Swapp