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Utah Court of Appeals hears dispute over warnings and causation in bulk-water dispenser injury
Summary
At oral argument the appellants argued Bridal Head Town failed to warn or instruct users of a commercial bulk-water dispenser, creating disputed facts for a jury; the town contended the plaintiff knew the risk and assumed it. The court took the case under advisement.
The Utah Court of Appeals heard oral argument in an appeal arising from an injury at a bulk-water dispenser installed on town property in Bridal Head Town. Appellant counsel Brad Har said the town failed to warn and to pass on manufacturer or operator instructions for the commercial system, and that those omissions created disputed factual issues that a jury should decide.
"They should have had a sign that said, 'High pressure hose—make sure the valve is turned off,'" Har told the three-judge panel, arguing the dispenser was a permanent fixture on town land and that users were charged for water. Har said depositions and an internal operating memo show town employees knew about potential hazards but did not provide necessary instructions to users.
Gregory Houle, representing Bridal Head Town,…
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