Find Product Liability Lawyers Near You in Lehi, UT

The cost of hiring a product liability lawyer in Utah is typically structured as a contingency fee, meaning the attorney receives a percentage of the compensation recovered. For most product liability cases, this percentage ranges from 33 percent to 40 percent, with the lower end applying to cases settled before a lawsuit is filed and the higher end applying to cases that proceed to trial or appeal. In addition to the fee, clients should expect to pay for case costs, which can include expert witness fees, engineering analysis, medical record retrieval, and court filing fees. These costs can vary widely, from a few thousand dollars for a simple case to fifty thousand dollars or more for complex litigation involving multiple experts and extensive testing.

Some attorneys advance these costs and deduct them from the final recovery, while others require the client to pay them as they arise. It is important to discuss cost arrangements in detail before signing a retainer agreement. This information is general and does not constitute legal advice. Each case is unique, and individuals should consult with a qualified attorney to understand the specific costs and fee structures that may apply to their situation.

Product liability law addresses the legal responsibility of manufacturers, distributors, and retailers for injuries caused by defective products. In Lehi, Utah, individuals who suffer harm from a product may pursue compensation under several legal theories. The four primary categories of product defects include design defects, where the product is inherently unsafe due to its design; manufacturing defects, where an error during production makes a product dangerous; failure to warn, where a manufacturer does not provide adequate instructions or warnings about risks; and breach of warranty, where a product does not meet the promises made by the seller. Strict liability is a key concept in product liability cases, meaning a plaintiff does not need to prove negligence—only that the product was defective and caused injury. Negligence claims, by contrast, require showing that the manufacturer failed to exercise reasonable care. Understanding these distinctions is critical for anyone considering a claim in Lehi.

Utah has specific laws that shape product liability litigation. The state has adopted strict liability for product defects, as established in the Utah Product Liability Act, codified at Utah Code Section 78B-6-701 et seq. Under this statute, a plaintiff must prove that the product was defective and unreasonably dangerous at the time it left the manufacturer’s control. The statute of limitations for filing a product liability claim in Utah is two years from the date of injury or discovery of the injury. However, Utah also imposes a statute of repose, which bars claims filed more than six years after the product was first purchased or delivered, regardless of when the injury occurred. This six-year repose period is a hard deadline, with limited exceptions for fraud or intentional concealment. Additionally, Utah follows a modified comparative fault rule, meaning a plaintiff cannot recover if they are found to be 50 percent or more at fault. Joint and several liability applies in Utah, but only for defendants found to be 40 percent or more at fault; otherwise, liability is several only, meaning each defendant pays only their proportionate share.

Common product liability cases in Lehi involve a wide range of products. Defective vehicles are frequent subjects, particularly when recalls are issued for faulty brakes, airbags, or steering systems. Dangerous drugs and medical devices, such as defective hip implants or medications with undisclosed side effects, also generate claims. Household products like power tools, children’s toys, and appliances can cause serious injuries if they are poorly designed or lack safety guards. Industrial equipment failures, including machinery used in construction or manufacturing, often lead to severe workplace injuries. Food contamination cases, where products are tainted with bacteria like E. coli or salmonella, are another significant category. In each instance, the key is linking the injury to a specific defect that existed when the product left the manufacturer.

Proving a product liability claim requires careful evidence gathering. The plaintiff must show that the product was defective and that the defect directly caused the injury. This often involves expert testimony from engineers, medical professionals, or product safety specialists who can explain how the defect occurred and why it made the product unreasonably dangerous. Preserving the product as evidence is essential; if the product is lost, altered, or destroyed, the case may be dismissed. Recall records from the Consumer Product Safety Commission or the National Highway Traffic Safety Administration can help establish that a product had a known defect. In Utah, courts also consider whether the product was used in a foreseeable manner and whether any warnings were adequate. Without strong evidence and expert analysis, proving causation can be extremely difficult.

When hiring a product liability lawyer in Lehi, clients should understand the typical fee structure. Most product liability attorneys work on a contingency fee basis, meaning they receive a percentage of the recovery only if the case is successful. Contingency fees in product liability cases generally range from 33 percent to 40 percent, depending on the complexity of the case and whether it goes to trial. However, case costs can be substantial and are often separate from the fee. These costs may include expert witness fees, engineering analysis, product testing, medical record retrieval, and court filing fees. In complex cases, costs can reach tens of thousands of dollars. Some attorneys advance these costs and deduct them from the settlement or verdict, while others require the client to pay them as they arise. Clients should discuss cost arrangements clearly before signing a retainer agreement.

Class actions and multi-district litigation (MDL) are common in product liability cases, especially when a defective product harms many people. In an MDL, individual cases are consolidated for pretrial proceedings, such as discovery and motion practice, but each case remains separate for trial. Bellwether trials are often used in MDLs to test the strength of claims; these trials involve a few representative cases, and their outcomes can influence settlement negotiations for the remaining cases. Settlement funds are sometimes created to compensate all claimants, with amounts distributed based on the severity of injuries. Class actions, by contrast, involve a single lawsuit filed on behalf of a group of people with similar injuries. Plaintiffs in a class action generally cannot opt out of the settlement unless they do so early in the process. Pros of joining a class action include lower individual costs and the ability to share resources, but cons include less control over the case and potentially smaller recoveries. Individual suits often allow for higher compensation, especially for severe injuries, but require more time and expense. An attorney can help a Lehi resident decide which path is appropriate based on the specific facts of their case.