H.B. 413

This document includes House Committee Amendments incorporated into the bill on Thu, Mar 1, 2012 at 3:11 PM by jeyring. --> This document includes House Floor Amendments incorporated into the bill on Mon, Mar 5, 2012 at 4:37 PM by jeyring. --> This document includes House Floor Amendments incorporated into the bill on Mon, Mar 5, 2012 at 5:15 PM by jeyring. --> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Thu, Mar 8, 2012 at 10:56 PM by cmillar. --> 1

PRODUCT LIABILITY AMENDMENTS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Derek E. Brown
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill provides that only the manufacturer of a product may be liable for that product.
10 Highlighted Provisions:
11 This bill:
12 . provides that a manufacturer may not be liable for a product H. [ unless the claimant
13 proves ] if the claimant fails to prove .H by a preponderance of the evidence that the defendant
13a was the actual
14 manufacturer of the actual product that caused the harm.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 ENACTS:
21 78B-6-708, Utah Code Annotated 1953
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 78B-6-708 is enacted to read:
25 78B-6-708. Manufacturer -- Proven by preponderance of evidence.
26 (1) Notwithstanding any other provision of law, in any civil action H. [ against a
27 manufacturer for ] arising from .H harm caused by a product, irrespective of the substantive
27a theory or theories

28 underlying the claim, a H. [ manufacturer ] defendant .H may H. [ not ] .H be liable
28a1 H. only H. [ unless the claimant proves ] if the
28a claimant [ fails to prove ] .H proves .H by a
29 preponderance of the evidence that the defendant H. [ was the manufacturer of ] manufactured,
29a had manufactured on its behalf, distributed, or sold .H the actual product
30 that was the cause H. of harm .H for which the claimant seeks to recover compensatory
30a damages.
31 S. [ (2) Proof that a product seller designed, formulated, produced, constructed, created,
32 assembled, or rebuilt the type of product in question is not proof that the product seller
33 H. designed, .H formulated, produced, constructed, created, assembled, or rebuilt the actual
33a defective product
34 in the product liability action H. , so long as the product seller [proves it] has no financial
34a interest in the sale of the product in question .H . A product seller may not be held liable in a
34b product liability
35 action based on market share, enterprise, or industry-wide liability.
35a H. (3) An entity that sells or distributes a product that is manufactured by another entity is
35b subject to the same liability as the product's manufacturer. .H ] .S




Legislative Review Note
as of 2-3-12 10:21 AM

Office of Legislative Research and General Counsel