Utah Defective Product Claims: Preserving the Product, Reporting Hazards, and Meeting Deadlines
General information, not legal advice. Read the full disclaimer.
Short answer: If a product injures you in Utah, don't throw it away, repair it, or let anyone test it until you've talked to an attorney. Under the Utah Product Liability Act you generally must show that the product was unreasonably dangerous when sold, and the best evidence is usually the product itself. The deadline to sue is two years from when you discovered, or should have discovered, both the harm and its cause (Utah Code § 78B-6-706). You can also report a hazardous consumer product to the U.S. Consumer Product Safety Commission at SaferProducts.gov.
Who this guide is for
People injured by a consumer or industrial product — a power tool, an appliance, a vehicle part, a battery, a child's product — who need a practical checklist for what to do in the first days and weeks.
Step 1: Get medical care and document the injury
- Treat the injury and tell providers exactly what happened and which product was involved.
- Photograph your injuries as they heal and any property damage.
- Keep medical bills and records.
Step 2: Preserve the product and everything with it
The product is physical proof of the defect, and it's often destroyed by testing if handled incorrectly.
- Keep it unaltered, in the same condition as after the incident, stored safely and out of children's reach. A damaged battery or product that can reignite or break further should be handled safely; ask an attorney or the authorities how to store it.
- Don't try to fix it or send it back to the manufacturer without advice.
- Keep the packaging, manual, warnings, labels, and receipts.
- Keep related items — chargers, accessories, replacement parts, other components.
- Don't let insurers or the manufacturer take the product without documentation of the chain of custody.
An attorney can send preservation letters asking the manufacturer, seller, and others to keep records and exemplars, and can arrange neutral testing protocols.
Step 3: Identify the product precisely
Record the brand, model, serial number, lot or batch code, purchase date, and where it was bought. Check whether it was recalled: for vehicles, check the manufacturer and the National Highway Traffic Safety Administration's recall lookup by VIN; for consumer products, check the Consumer Product Safety Commission's recall listings.
Step 4: Report the hazard
SaferProducts.gov is where the public can file and read complaints about thousands of consumer products. Per the CPSC, each report is reviewed by staff investigators and safety experts, reports may inform decisions such as whether to seek a recall, and businesses that make, import, or label the product are notified and can respond. Reports are published in a public, searchable database (the CPSC doesn't guarantee its accuracy). Reporting doesn't replace a claim and doesn't stop the clock.
Step 5: Know the Utah legal standards
- A product has a legal defect only if, when sold, it had a defect making it unreasonably dangerous — beyond what an ordinary and prudent user would contemplate.
- A rebuttable presumption of no defect applies if the product's design and manufacturing methods conformed to government standards existing at the time.
- Alterations or modifications after sale can be counted as fault.
See Utah Product Liability Act Explained.
Step 6: Calendar the deadline
The Act's limitation period is two years from discovery of both the harm and its cause. For a product that injured you in an obvious event, the clock effectively starts at the injury. If the cause isn't obvious, document when and how you learned it. Warranty and contract claims have separate deadlines.
Step 7: Don't settle early
Manufacturers and insurers may offer a quick payment that includes a release. Don't sign until you know the full extent of your injuries and your options. See Utah Personal Injury Settlement Negotiation and Releases.
If the product was used at work
If you were injured by a product on the job, workers' compensation covers your medical bills and part of your wages, but you may also have a third-party product claim against the manufacturer. See Utah Workers' Compensation Third-Party Claims.
Frequently asked questions
Should I keep the defective product?
Yes. Keep it unaltered and safely stored, and don't let anyone test or repair it without protocols.
How long do I have to file a product claim in Utah?
Two years from when you discovered, or should have discovered, both the harm and its cause.
Can I report a dangerous product even if I'm not suing?
Yes. The public can report consumer products at SaferProducts.gov.
Does a recall prevent a claim?
A recall can be relevant evidence, but each case turns on its facts; talk to an attorney.