78B-6-703 - Defect or defective condition making product unreasonably dangerous -- Rebuttable presumption.
78B-6-703. Defect or defective condition making product unreasonably dangerous-- Rebuttable presumption.
(1) In any action for damages for personal injury, death, or property damage allegedlycaused by a defect in a product, a product may not be considered to have a defect or to be in adefective condition, unless at the time the product was sold by the manufacturer or other initialseller, there was a defect or defective condition in the product which made the productunreasonably dangerous to the user or consumer.
(2) There is a rebuttable presumption that a product is free from any defect or defectivecondition where the alleged defect in the plans or designs for the product or the methods andtechniques of manufacturing, inspecting and testing the product were in conformity withgovernment standards established for that industry which were in existence at the time the plansor designs for the product or the methods and techniques of manufacturing, inspecting and testingthe product were adopted.
Renumbered and Amended by Chapter 3, 2008 General Session