<Section effective until occurrence of contingency. See note following section effective upon occurrence of contingency.>
(1) As used in this section, “seller” means a manufacturer, wholesaler, or retailer.
(2) A person who sells a product in a defective condition unreasonably dangerous to
a user or consumer or to the property of a user or consumer is liable for physical
harm caused by the product to the ultimate user or consumer or to the user's or consumer's
(a) the seller is engaged in the business of selling the product; and
(b) the product is expected to and does reach the user or consumer without substantial
change in the condition in which it is sold.
(3) The provisions of subsection (2) apply even if:
(a) the seller exercised all possible care in the preparation and sale of the product;
(b) the user or consumer did not buy the product from or enter into any contractual
relation with the seller.
(4) Subsection (2)(b) does not apply to a claim for relief based upon improper product
(5) Except as provided in this subsection, contributory negligence is not a defense
to the liability of a seller, based on strict liability in tort, for personal injury
or property damage caused by a defectively manufactured or defectively designed product. A seller named as a defendant in an action based on strict liability in tort for
damages to person or property caused by a defectively designed or defectively manufactured
product may assert the following affirmative defenses against the user or consumer,
the legal representative of the user or consumer, or any person claiming damages by
reason of injury to the user or consumer:
(a) The user or consumer of the product discovered the defect or the defect was open
and obvious and the user or consumer unreasonably made use of the product and was
injured by it.
(b) The product was unreasonably misused by the user or consumer and the misuse caused
or contributed to the injury.
(6) The affirmative defenses referred to in subsection (5) mitigate or bar recovery
and must be applied in accordance with the principles of comparative negligence set
forth in 27-1-702.
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