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Product Liability

Is My Home Insulation Making Me Sick?

Dawn Smith December 7, 2018

Spray polyurethane foam (SPF) insulation has become a popular “green” solution in homes across the United States, and around the world. It is comparatively cost effective, energy efficient, and those who choose it are eligible for federal energy tax credits. Because of claims by SPF home insulation manufacturers and installation companies, many homeowners have selected SPF over standard insulation in

Second Circuit Rejects General Jurisdiction Based on Consent by Registration

Eric Lindenfeld June 3, 2016

Since the inception of product liability litigation, particularly asbestos and other mass tort litigation, defendants have been subjected to forum shopping. Forum shopping is the practice of filing lawsuits within plaintiff – favorable jurisdictions in the hope of securing increased jury verdicts. Often, these lawsuits are filed in jurisdictions where there is minimal or almost no meaningful connection between the

Can a Retailer or Distributor Be Liable for a Product It Didn’t Design or Manufacture?

Elisabeth McOmber April 30, 2015

The short answer is – it depends. Utah case law has established what is commonly referred to as the passive retailer doctrine. This doctrine creates an exception to Utah’s Product Liability Act, which states that a manufacturer or seller of a product may be held liable for injury caused by the product if found to be defective and unreasonably dangerous.

Utah’s Causes of Action in Products Liability Cases

Douglas Cannon April 30, 2015

In 1979, the Utah Supreme Court in Ernest W. Hahn, Inc. v. Armco Steel Co., 601 P.2d 152 (1979) adopted the doctrine of strict liability as set out in the Restatement of Torts 2d, Section 402A. This section imposes liability in tort without proof of negligence upon “one who sells any product in a defective condition unreasonably dangerous to the

Product Liability

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