Abbott Law Blog

The courts long ago realized that it was difficult, if not impossible, to hold foreign manufacturers liable for making defective products.  The difficulty arises from the fact that many foreign manufacturers are from countries with archaic and corrupt legal systems.  To fix the problem, U.S. Courts told retailers that if they imported foreign products they would be required to stand behind those products.

To adapt to that law, American retailers purchased insurance.  The insurance would pay any claims against the retailer due to injuries resulting from defective foreign products.  The insurance companies would often investigage the foreign manufacture and take measures to ensure that products were made so as not to injure consumers.

The Utah legislature turned that law on its head.  The Utah legislature passed a statute that gave retailers immunity in most product liability cases.  The legislature made a big mistake.  Over the past few years, chineses manufacturers have made baby formula with melamine in it, drywall that emits sulfur, toys with lead paint and most recently children’s jewelry with cadmium (a poisonous substance).

Now, more than ever, American consumers need protection from foreign products that are manufactured in a way that makes them dangerous.  The Utah legislature should repeal the law and again require retailers to deal with reputable manufacturers.