Earlier this month, an appellate court in Utah issued a written opinion in a product liability lawsuit discussing the liability of a retailer that had nothing to do with the design or manufacture of a reclining chair that crushed the plaintiff’s foot. The court held that, although a previous legal doctrine shielded passive retailers from liability in these circumstances, that doctrine was now outdated and no longer applicable.
The Facts of the Case
The plaintiff purchased a reclining chair from the defendant furniture store. The chair purchased by the plaintiff came with a foot-massage feature. While the plaintiff was using the feature, the chair crushed his left foot. The plaintiff filed a product liability claim against both the manufacturer of the chair as well as the defendant furniture retailer. This appeal deals only with the furniture retailer.