Rodriguez v. Kroger -- A New Paradigm?
In June, 2018 our Utah Supreme Court added a degree of difficulty to our premises liability analysis. The Court took on the landowner's duty to keep his premises safe to business invitees, commonly referred to as the "nondelegable duty" doctrine. More nuanced, future decisions will have to refine the Court's ruling on this matter but this was a significant development in Utah Premises Liability Law. On June 12, 2018 the Utah Supreme Court issued its ruling in Rodriguez v. K
Utah Says Good-Bye to the Passive Retailer Doctrine in Products Liability
For years, practitioners, insurers, retailers and judges have operated under principle that if the manufacturer of a defective product is known, those retailers who sold the product have no liability. This practice dates back, at least, to Sanns v. Butterfield Ford, 2004 UT App 203, 94 P.3d 301 (2004). That all changed on December 1, 2017 when the Utah Supreme Court overruled Sanns and implemented a new application of Utah's strict product liability law and the Liability Re
