Utah Product Liability Wrongful Death

Under Utah law, a wrongful death caused by a defective product may give rise to a product liability claim under the Utah Product Liability Act at Utah Code Title 78B, Chapter 6, Part 7, combined with a wrongful death action under Utah Code Section 78B-3-106, allowing the deceased person’s heirs to recover damages from the manufacturer or seller of a product that was unreasonably dangerous and caused the death.

Last updated: July 2026

What is the legal basis for a product liability wrongful death claim in Utah?

A product liability wrongful death claim in Utah is a hybrid action that combines the strict liability principles of the Utah Product Liability Act with the remedial purpose of the wrongful death statute. The Utah Product Liability Act, found at Utah Code Title 78B, Chapter 6, Part 7, governs claims for personal injury, death, or property damage caused by a defective product. When a product defect causes a death, the deceased person’s heirs may bring a wrongful death action under Utah Code Section 78B-3-106 based on the product liability theory.

The Utah Product Liability Act defines a product liability action as one based on the theory that a product was defectively designed, defectively manufactured, or sold without adequate warnings or instructions. The plaintiff must prove that the product was in a defective condition that made it unreasonably dangerous at the time it left the manufacturer’s or seller’s control. If the defect caused the death, the manufacturer or seller may be held strictly liable without proof of negligence.

Strict liability is a significant advantage for plaintiffs in product liability wrongful death cases because it eliminates the need to prove that the manufacturer or seller acted carelessly. The plaintiff need only prove that the product was defective, that the defect existed when the product left the defendant’s control, and that the defect caused the death. This is generally easier to prove than negligence, which requires showing that the defendant failed to exercise reasonable care.

What must be proven in a product liability wrongful death case in Utah?

Utah Code Section 78B-6-703(1) provides that a product may not 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.” The term “unreasonably dangerous” is defined in Utah Code Section 78B-6-702(4) as meaning “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.”

The plaintiff must also prove that the defective condition was the cause of the death. This requires evidence that the defect was a substantial factor in bringing about the death and that the death was a foreseeable result of the defect. Causation in product liability cases often requires expert testimony from engineers, designers, or other specialists who can explain how the product failed and how that failure led to the death.

In addition to proving the product liability elements, the plaintiff must also establish the wrongful death elements, including that the plaintiff is an eligible heir under Utah Code Section 78B-3-106 and that the death resulted in compensable damages. The same categories of damages available in other wrongful death cases are available in product liability wrongful death cases, including lost financial support, loss of companionship, and funeral expenses.

How does strict liability apply to product liability death cases in Utah?

Strict liability in the product liability context means that a manufacturer or seller can be held liable for injuries or deaths caused by defective products even if they exercised all possible care in the design, manufacture, and sale of the product. The policy rationale behind strict liability is that manufacturers and sellers are in the best position to ensure product safety, to bear the cost of injuries caused by defects, and to distribute those costs through pricing.

Utah recognizes three types of product defects that can give rise to strict liability. Design defects exist when the product’s design is inherently unsafe, even if manufactured perfectly according to specifications. Manufacturing defects occur when a particular unit deviates from the intended design due to an error in the manufacturing process. Warning defects exist when the product lacks adequate instructions or warnings about risks that are not obvious to the user.

The concept of “state of the art knowledge” under Utah Code Section 78B-6-702(3) provides a defense to design defect claims. State of the art knowledge means “the technical, mechanical, and scientific knowledge of manufacturing, designing, testing, or labeling the same or similar products that was in existence and reasonably feasible for use at the time of manufacture.” A manufacturer is not liable for design defects based on knowledge that did not exist when the product was made, though this does not protect against manufacturing defects or warning defects based on known risks.

What defenses are available in a product liability wrongful death case in Utah?

Utah law provides several defenses to product liability claims that can be asserted in wrongful death cases. The most significant defense is the government standards presumption under Utah Code Section 78B-6-703(2), which creates a rebuttable presumption that a product is free from any defect or defective condition if the product’s design or manufacturing methods were in conformity with government standards established for that industry at the time. The plaintiff can rebut this presumption with evidence that the government standards were inadequate or that the product was defective despite compliance.

Another important defense is the state of the art defense discussed above. A manufacturer cannot be held liable for failing to incorporate safety features that were not technologically feasible or reasonably known at the time of manufacture. This defense is particularly relevant in cases involving older products that were manufactured before current safety standards were developed.

Comparative fault also applies to product liability wrongful death claims under Utah Code Section 78B-5-818. If the deceased person misused the product, failed to follow instructions, or otherwise contributed to the accident that caused their death, the damages recoverable by the heirs may be reduced or barred entirely. Product misuse includes using the product in a manner that was not reasonably foreseeable by the manufacturer and ignoring clear warnings about the product’s proper use.

What is the statute of limitations for a product liability wrongful death claim in Utah?

The statute of limitations for a product liability wrongful death claim is the two-year period applicable to wrongful death actions under Utah Code Section 78B-2-304(3), not the four-year period that applies to general personal injury claims or the longer period that applies to some product liability claims. This is because the death creates a new cause of action that belongs to the heirs, separate from any claim the deceased person might have had for their injuries.

The two-year period generally runs from the date of death. However, if the cause of death is not immediately apparent and the connection to the product defect is not discovered until later, the discovery rule may apply. Utah courts have applied the discovery rule in product liability wrongful death cases to prevent the statute from running before the plaintiff knew or reasonably should have known that the death was caused by a product defect.

It is critical to file the claim within the two-year period because the statute of limitations is strictly enforced. Product liability cases can take significant time to investigate because they often require expert analysis of the product, testing, and review of manufacturing records. Starting the investigation early is essential to ensure the claim can be filed before the deadline expires.

Who can be sued in a product liability wrongful death case in Utah?

Under the Utah Product Liability Act, both manufacturers and sellers of defective products may be held liable for deaths caused by product defects. The manufacturer has the primary responsibility for product safety because it designs and produces the product. However, sellers and distributors may also be held liable if they sold a defective product or if the manufacturer is not subject to suit in Utah.

The statute of limitations and the need to identify all potentially liable parties make it important to act quickly. A manufacturer may be located in another state or country, which can complicate service of process. The product itself may need to be preserved and tested, which requires prompt action to prevent spoliation of evidence. An experienced Utah product liability attorney can help identify all defendants and ensure the claim is properly filed against each of them.

When should I contact an attorney about a product liability death in Utah?

If a family member has died due to a defective product, you should contact a Utah product liability attorney immediately. The product itself may contain critical evidence that must be preserved before it is lost, altered, or destroyed. The two-year statute of limitations under Utah Code Section 78B-2-304(3) may already be running, and expert investigation of the product defect takes time. An experienced attorney can help preserve evidence, identify the manufacturer and other potentially liable parties, and build the case for strict liability under the Utah Product Liability Act.

About the Author: Stephen Honig is a legal content strategist who writes about Utah personal injury law and related legal topics. His work helps injury victims understand their rights and options under Utah law.

This article is for informational purposes only and does not constitute legal advice. Consult with a qualified Utah personal injury attorney for advice specific to your situation.