The Appellate Group

Feasel v. Tracker Marine

Feasel v. Tracker Marine, 2021 UT 47 (Durrant, C.J.)

Torts; Product Liability

An injured boat passenger brought claims against boat manufacturers, arguing that the manufacturers were liable for their failure to warn of the danger. The district court granted summary judgment in favor of the manufacturers. On appeal, the court of appeals reversed, ruling the warnings were not adequate as a matter of law. On certiorari, the Utah Supreme Court affirmed the reversal, with different reasoning, and remanded:

  • OF NOTE: The test for adequate warnings is modified to require that a warning must be of an intensity and at a level of specificity justified by the magnitude of the risk. Additionally, a manufacturer or supplier has a duty to warn the ultimate user (the passenger) and whether this duty is satisfied by warning an intermediary (the boat purchaser) turns on reasonableness under the circumstances. Here, the Court remanded for further proceedings under the legal standards set forth in the opinion.   .

Read the full court opinion