Survey of Utah Strict Products Liability Law: From Hahn to the Present and Beyond

INTRODUCTION According to the Utah Supreme Court, the notion of holding a manufacturer strictly liable for its defective products is premised "on the proposition that the cost of injuries caused by defective products...sold for profit should be considered a cost of doing business to be borne by manufacturers...rather than by the injured individuals."(1) The Utah court views strict products liability as a doctrine that aligns the public interest in promoting the production of safer products with the individual's interest in remaining free from injury caused by defective goods.(2) If nothing else, then, a broad-based policy orientation has guided the Utah court in its formulation of Utah strict products liability law. Notwithstanding its broad policy orientation, the Utah court has not decided a substantial number of cases dealing with strict products liability. In fact, since its 1979 adoption of the Restatement's section 402A(3) formulation of strict products liability,(4) the Utah Supreme Court has heard relatively few cases in which the doctrine of strict products liability was a central issue. Still, the Utah court continues to affirm its long-standing adherence to section 402A, and there is little doubt that section 402A remains the basic formulation of strict products liability law in Utah.(5) This comment surveys the Utah Supreme Court's decisions in the area of strict products liability law since its adoption of section 402A in Hahn. In addition, this comment reviews the impact several recent legislative enactments have on strict products liability law in Utah. Section I outlines the basic elements of a section 402A cause of action and the various decisions of the Utah court that discuss and apply those elements. Section II discusses the affirmative defenses to strict liability actions that are recognized in Utah. Section III briefly discusses peripheral issues, including injuries to bystanders, statutes of limitations, and injuries to real property, which are nevertheless important to an overview of Utah strict products liability law. Finally, because Utah is one of the relatively few jurisdictions that has not adopted some form of the second collision doctrine, Section IV explores this "subset" of strict products liability law and suggests the form of the doctrine that the Utah court will ultimately adopt when provided with the opportunity to do so. I. THE ELEMENTS OF A SECTION 402A CAUSE OF ACTION AND THEIR APPLICATION UNDER UTAH LAW The specific language of section 402A provides that: (1) One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if (a) the seller is engaged in the business of selling such a product, and (b) it is expected to and does reach the user or consumer without substantial change in the condition in which it is sold. (2) The rule stated in Subsection (1) applies although (a) the seller has exercised all possible care in the preparation and sale of his product, and (b) the user or consumer has not bought the product from or entered into any contractual relation with the seller.(6) In considering the implications and application of this section in Utah, a review of the essential elements of a strict products liability action is helpful because the Utah court appears unwilling to effectuate a wholesale adoption of section 402A(7) or its official comments. Through selective adoption of those comments, the court has left open opportunities to interpret the section's language in ways that differ from those found in the official comments themselves.(8) Furthermore, judges have substantial discretion in applying the comments because their language is not always precise.(9) A. "ONE WHO SELLS"(10) The language of section 402A extends strict products liability to anyone who sells a defective product that is unreasonably dangerous to a consumer. …