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September 10, 2007

In Utah, Regulatory Compliance Makes Product Presumptively Non-Defective

The Utah Supreme Court, in response to a certified question of law from the U.S. District Court for the district of Utah, has ruled that when a product complies with applicable governmental safety standards, Utah law presumes that the product is not defective.  Juries must be informed of this presumption which a plaintiff may rebut by a preponderance of the evidence.  The case, Egbert v. Nissan North America, 2007 WL 2404266 (8/24/07), arose out of a rollover accident in which the vehicle's front passenger window shattered and the plaintiff was ejected through that window opening.  The window met federal safety standards at the time of manufacture.

JDP

September 10, 2007 | Permalink

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