Utah Supreme Court Upholds Constitutionality of Products Liability Statute
The Utah Supreme Court issued Egbert v. Nissan (“Egbert II”) in which it has expressly held:
1) The rebuttable presumption of non-defectiveness in product liability cases is constitutional and has been effective in Utah for more than 20 years; and
2) Restatement (Third) Torts section 16(b-d) regarding enhanced injury claims is rejected. An “enhanced injury occurs when an injury caused by some other event is increased or enhanced due to a defective product.” The Court found an inherent conflict between the restatement and Utah’s long-standing abolishment of joint and several liability and adoption of apportionment of fault.
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