reglab/housing_qa huggingface dataset:
UT Code § 78B-3-425 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 3 - Actions and Venue|Part 4 - Utah Health Care Malpractice Act|Section 425 - Prohibition on cause of action for negligent credentialing.

78B-3-425. Prohibition on cause of action for negligent credentialing.  It is the policy of this state that the question of negligent credentialing, as applied to health care providers in malpractice suits, is not recognized as a cause of action.  Enacted by Chapter 430, 2011 General Session
UT Code § 78B-3-426 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 3 - Actions and Venue|Part 4 - Utah Health Care Malpractice Act|Section 426 - Nonpatient plaintiffs.

 Effective 5/8/2018  78B-3-426. Nonpatient plaintiffs.    (1) For purposes of this section, a nonpatient plaintiff does not include a patient, as defined in Subsection 78B-3-403(23).     (2) This section does not apply to a health care malpractice action brought or seeking recovery under Section 30-2-11, 78B-3-106, 78B-3-107, or 78B-3-502.     (3) To establish a malpractice action against a health care provider, a nonpatient plaintiff shall be required to show that:   (a) the health care provider owes a duty to the nonpatient plaintiff;     (b) the nonpatient plaintiff suffered a foreseeable injury;     (c) the nonpatient plaintiff's injury was proximately caused by an act or omission of the health care provider; and     (d) the health care provider's act or omission was conduct that manifests a knowing and reckless indifference toward, and a disregard of, the injury suffered by the nonpatient plaintiff.      Amended by Chapter 440, 2018 General Session
UT Code § 78B-3-501 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 3 - Actions and Venue|Part 5 - Limitation of Therapist's Duty to Warn|Section 501 - Definitions.

78B-3-501. Definitions.  As used in this part, "therapist" means:  (1) a psychiatrist licensed to practice medicine under Section 58-67-301, Utah Medical Practice Act or under Section 58-68-301, Utah Osteopathic Medical Practice Act;     (2) a psychologist licensed to practice psychology under Section 58-61-301;     (3) a marriage and family therapist licensed to practice marriage and family therapy under Section 58-60-304;     (4) a social worker licensed to practice social work under Section 58-60-204;     (5) a psychiatric and mental health nurse specialist licensed to practice advanced psychiatric nursing under Title 58, Chapter 31b, Nurse Practice Act; and     (6) a clinical mental health counselor licensed to practice professional counseling under Title 58, Chapter 60, Part 4, Clinical Mental Health Counselor Licensing Act.    Amended by Chapter 179, 2012 General Session
UT Code § 78B-3-502 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 3 - Actions and Venue|Part 5 - Limitation of Therapist's Duty to Warn|Section 502 - Limitation of therapist's duty to warn.

78B-3-502. Limitation of therapist's duty to warn.    (1) A therapist has no duty to warn or take precautions to provide protection from any violent behavior of his client or patient, except when that client or patient communicated to the therapist an actual threat of physical violence against a clearly identified or reasonably identifiable victim. That duty shall be discharged if the therapist makes reasonable efforts to communicate the threat to the victim, and notifies a law enforcement officer or agency of the threat.     (2) An action may not be brought against a therapist for breach of trust or privilege, or for disclosure of confidential information, based on a therapist's communication of information to a third party in an effort to discharge his duty in accordance with Subsection (1).     (3) This section does not limit or affect a therapist's duty to report child abuse or neglect in accordance with Section 62A-4a-403.    Amended by Chapter 146, 2009 General Session
UT Code § 78B-3-601 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 3 - Actions and Venue|Part 6 - Compensation for Harm Caused by Nuclear Incidents|Section 601 - Purpose.

78B-3-601. Purpose.    (1) The purpose of this part is to facilitate the compensation of injured parties from financial protection funds established pursuant to the Price Anderson Act, 42 U.S.C. Sec. 2210.     (2) Nothing in this part may be construed to impose liability for harm from nuclear incidents for which financial protection is not afforded under the Price Anderson Act.    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-3-602 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 3 - Actions and Venue|Part 6 - Compensation for Harm Caused by Nuclear Incidents|Section 602 - Definitions.

78B-3-602. Definitions.  As used in this part:  (1) "Harm" means:   (a) personal injury, death, or illness, except an injury, death, or illness that is a basis for a claim under either a state or federal workmen's compensation act by an employee of a person liable pursuant to Section 78B-3-603;     (b) damage to, destruction of, or loss of the use of property other than property at the situs of and used in connection with the activity giving rise to a nuclear incident;     (c) economic loss due to:   (i) damage to or loss of the use of property; or     (ii) environmental degradation; or       (d) expenses reasonably incurred by the state, its political subdivisions, or the agencies of either in protecting the public health and safety and the environment from a nuclear incident or the imminent danger of a nuclear incident, including, but not limited to, precautionary evacuations, emergency response measures, and, after reasonable opportunity for performance of cleanup measures by persons liable pursuant to Section 78B-3-603, decontamination or other clean-up measures. These expenses must be documented by the state, its political subdivisions, or agencies of either.       (2) "Nuclear incident" means an incident which does not arise from an act of war and involves the release of nuclear material which results in personal injury, loss of use of property, or damage due to the radioactive, toxic, explosive, or other hazardous properties of the nuclear material.     (3) "Nuclear material" means radioactive material used or handled in connection with:   (a) a utilization facility or production facility licensed by the United States Nuclear Regulatory Commission in accordance with 42 U.S.C. Secs. 2133 or 2134;     (b) a utilization or production facility constructed or operated under a contract for the benefit of the United States where there is a risk of a substantial nuclear incident as determined by the United States Department of Energy or the Nuclear Regulatory Commission; or     (c) disposal, storage, and other activities undertaken pursuant to the Nuclear Waste Policy Act, 42 U.S.C. Secs. 10101 through 10225.       (4) "Radioactive material" means:   (a) source material as defined in 42 U.S.C. Sec. 2014 (z);     (b) special nuclear material as defined in 42 U.S.C. Sec. 2014 (aa); or     (c) by-product material as defined in 42 U.S.C. Sec. 2014 (e).      Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-3-603 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 3 - Actions and Venue|Part 6 - Compensation for Harm Caused by Nuclear Incidents|Section 603 - Liability imposed and limitations -- Defenses -- Limitations on damages.

78B-3-603. Liability imposed and limitations -- Defenses -- Limitations on damages.    (1) Except as provided in this section, any person who owns, holds under license, transports, ships, stores, or disposes of nuclear material is liable, without regard to the conduct of any other person, for harm from nuclear incidents arising in connection with or resulting from such ownership, transportation, shipping, storage, or disposal.     (2) Except as provided in this section, any person who owns, designs, constructs, operates, or maintains facilities, structures, vehicles, or equipment used for handling, transportation, shipment, storage, or disposal of nuclear material is liable, without regard to the conduct of any other person, for harm from nuclear incidents arising in connection with or resulting from such ownership, design, construction, operation, and maintenance.     (3) Liability established by this part shall only be imposed if a court of competent jurisdiction finds that:   (a) the nuclear incident which is the basis for the suit is covered by existing financial protection undertaken pursuant to 42 U.S.C. Sec. 2210; and     (b) a person who is liable under this part is a person indemnified as defined in 42 U.S.C. Sec. 2014.       (4) Immunity of the state, its political subdivisions, or the agencies of either from suit are only waived with respect to a suit arising from a nuclear incident:   (a) in accordance with Title 63G, Chapter 7, Governmental Immunity Act of Utah; or     (b) when brought by a person suffering harm.       (5) The conduct of the person suffering harm is not a defense to liability, except that this section does not preclude any defense based on:   (a) the claimant's knowing failure to mitigate damages related to any injury or damage to the claimant or the claimant's property; or     (b) an incident involving nuclear material that is knowingly and wrongfully caused by the claimant.       (6) A person may not collect punitive or exemplary damages under this part.    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-3-604 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 3 - Actions and Venue|Part 6 - Compensation for Harm Caused by Nuclear Incidents|Section 604 - Determination of causation -- Compensation allowed.

78B-3-604. Determination of causation -- Compensation allowed.    (1) Causation of radiological injury from a nuclear incident shall be determined by the trier of fact, taking into account epidemiological studies, statistical probabilities, and other pertinent medical and scientific evidence.     (2) A claimant under this part shall be entitled to full compensation of the claimant's radiological injuries if the trier of fact determines that it is more likely than not that the claimant's injuries resulted from the nuclear incident.    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-3-701 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 3 - Actions and Venue|Part 7 - Damages Regarding Injury to or Theft of Assistance Animal|Section 701 - Definitions.

78B-3-701. Definitions.  As used in this part:  (1) "Disability" has the same meaning as defined in Section 62A-5b-102.     (2) "Search and rescue dog" means a dog:   (a) with documented training to locate persons who are:   (i) lost, missing, or injured; or     (ii) trapped under debris as the result of a natural or man-made event; and       (b) affiliated with an established search and rescue dog organization.       (3) "Service animal" means:   (a) a service animal, as defined in Section 62A-5b-102; or     (b) a search and rescue dog.      Amended by Chapter 110, 2009 General Session
UT Code § 78B-3-702 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 3 - Actions and Venue|Part 7 - Damages Regarding Injury to or Theft of Assistance Animal|Section 702 - Damages recoverable for harm to or theft of service animal.

78B-3-702. Damages recoverable for harm to or theft of service animal.    (1) A person with a disability who uses a service animal, or the owner of a service animal has a cause of action for economic and noneconomic damages against:   (a) any person who steals or, without provocation, attacks the service animal; and     (b) the owner or keeper of any animal that without provocation attacks a service animal due to the owner's or keeper's negligent failure to exercise sufficient control over the animal to prevent the attack.       (2) The action authorized by this section maybe brought by a person with a disability who uses the service animal, or the owner of the service animal.     (3) The measure of economic damages in an action brought under Subsection (1) regarding a service animal that is not returned or is killed or injured due to an unprovoked attack so that the service animal is unable to function again as a service animal includes:   (a) the replacement value of an equally trained service animal, without any differentiation for the age or experience of the animal; and     (b) costs and expenses incurred by the person with a disability or the owner, including:   (i) costs of temporary replacement assistance services, whether provided by another service animal or by a person;     (ii) reasonable costs incurred in efforts to recover a stolen service animal; and     (iii) court and attorney costs incurred in bringing an action under this section.         (4) If the unprovoked attack on a service animal results in injuries from which the animal recovers so it is able to again function as a service animal for the person with a disability, or if the theft of the service animal results in the recovery of the service animal and the animal is again able to function as a service animal for the person with a disability, the measure of economic damages is the costs and expenses incurred by the person with a disability or the owner as a result of the theft of or injury to the service animal, and includes:   (a) veterinary medical expenses;     (b) costs of temporary replacement assistance services, whether provided by another service animal or a person;     (c) costs incurred in recovering the service animal, such as a reward; and     (d) court and attorney costs incurred in bringing an action under this section.      Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-3-703 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 3 - Actions and Venue|Part 7 - Damages Regarding Injury to or Theft of Assistance Animal|Section 703 - Limitation on cause of action.

78B-3-703. Limitation on cause of action.  A cause of action does not exist under this section if the person with a disability who uses the service animal or the person having custody or supervision of the service animal was committing a civil or criminal trespass at the time of the:  (1) theft of, or the chasing or harassment of the service animal by a person who owns or exercises control over the property upon which the trespass is committed; or     (2) attack upon, or the chasing or harassment of a service animal by an animal that is currently kept or maintained on the property where the trespass is committed.    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-3-801 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 3 - Actions and Venue|Part 8 - Death from Illegal Drug Use|Section 801 - Cause of action for death or addiction caused by use or ingestion of illegal controlled substances -- Damages.

78B-3-801. Cause of action for death or addiction caused by use or ingestion of illegal controlled substances -- Damages.    (1) As used in this section, "substance" means any illegal controlled substance under Title 58, Chapter 37, Utah Controlled Substances Act.     (2) A person is subject to a civil action by a person or an estate under Subsection (3) who:   (a) unlawfully provided to or administered to the deceased person or the addicted person any substance that caused or contributed to the person's addiction or to the death of the deceased person; or     (b) unlawfully provided any substance to any person in the chain of transfer of the substance that connects directly to the person who subsequently provided or administered the illegal controlled substance to the addicted person or to the deceased person under Subsection (2)(a).       (3)   (a) A civil action for treble damages and punitive damages may be brought against any person under Subsection (2) by the estate of a person whose death was caused in whole or in part by ingestion or other exposure to any illegal controlled substance.     (b) A civil action for treble damages, punitive damages, and costs of addiction treatment or rehabilitation may be brought against any person under Subsection (2) by a person who has become or is addicted to any illegal controlled substance and the addiction was caused in whole or in part by ingestion of any illegal controlled substance.       (4) The burden is on the estate or the addicted person to prove the causal connection between the death or addiction, any substances provided or administered to the deceased or addicted person, and the defendant.     (5) This section does not establish liability of or create a cause of action regarding:   (a) a parent or guardian of a person younger than 18 years of age who acts in violation of this section, unless the parent or guardian acts in violation of this section; or     (b) a person who is licensed under Title 58, Chapter 17b, Pharmacy Practice Act, and who acts in accordance with the act.      Amended by Chapter 345, 2010 General Session
UT Code § 78B-4-101 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 4 - Limitations on Liability|Part 1 - Liability Protection for Volunteers|Section 101 - Definitions.

78B-4-101. Definitions.  As used in this part:  (1) "Damage or injury" includes physical, nonphysical, economic, and noneconomic damage.     (2) "Financially secure source of recovery" means that, at the time of the incident, a nonprofit organization:   (a) has an insurance policy in effect that covers the activities of the volunteer and has an insurance limit of not less than the limits established under the Governmental Immunity Act of Utah in Section 63G-7-604; or     (b) has established a qualified trust with a value not less than the combined limits for property damage and single occurrence liability established under the Governmental Immunity Act of Utah in Section 63G-7-604.       (3) "Nonprofit organization" means any organization, other than a public entity, described in Section 501 (c) of the Internal Revenue Code of 1986 and exempt from tax under Section 501 (a) of that code.     (4) "Public entity" has the same meaning as defined in Section 63G-8-102.     (5) "Qualified trust" means a trust held for the purpose of compensating claims for damages or injury in a trust company licensed to do business in this state under the provisions of Title 7, Chapter 5, Trust Business.     (6) "Reimbursements" means, with respect to each nonprofit organization:   (a) compensation or honoraria totaling less than $300 per calendar year; and     (b) payment of expenses actually incurred.       (7)   (a) "Volunteer" means an individual performing services for a nonprofit organization who does not receive anything of value from that nonprofit organization for those services except reimbursements.     (b) "Volunteer" includes a volunteer serving as a director, officer, trustee, or direct service volunteer.     (c) "Volunteer" does not include an individual performing services for a public entity to the extent the services are within the scope of Title 63G, Chapter 8, Immunity for Persons Performing Voluntary Services Act, or Title 67, Chapter 20, Volunteer Government Workers Act.      Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-4-102 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 4 - Limitations on Liability|Part 1 - Liability Protection for Volunteers|Section 102 - Liability protection for volunteers -- Exceptions.

78B-4-102. Liability protection for volunteers -- Exceptions.    (1) Except as provided in Subsection (2), no volunteer providing services for a nonprofit organization incurs any legal liability for any act or omission of the volunteer while providing services for the nonprofit organization and no volunteer incurs any personal financial liability for any tort claim or other action seeking damage for an injury arising from any act or omission of the volunteer while providing services for the nonprofit organization if:   (a) the individual was acting in good faith and reasonably believed he was acting within the scope of his official functions and duties with the nonprofit organization; and     (b) the damage or injury was not caused by an intentional or knowing act by the volunteer which constitutes illegal, willful, or wanton misconduct.       (2) The protection against volunteer liability provided by this section does not apply:   (a) to injuries resulting from a volunteer's operation of a motor vehicle, a vessel, aircraft or other vehicle for which a pilot or operator's license is required;     (b) when a suit is brought by an authorized officer of a state or local government to enforce a federal, state, or local law; or     (c) where the nonprofit organization for which the volunteer is working fails to provide a financially secure source of recovery for individuals who suffer injuries as a result of actions taken by the volunteer on behalf of the nonprofit organization.       (3) Nothing in this section shall bar an action by a volunteer against an organization, its officers, or other persons who intentionally or knowingly misrepresent that a financially secure source of recovery does or will exist during a period when such a source does not or will not in fact exist.     (4) Nothing in this section shall be construed to place a duty upon a nonprofit organization to provide a financially secure source of recovery.     (5) The granting of immunity from liability to a volunteer under this section does not affect the liability of the nonprofit organization providing the financially secure source of recovery.    Amended by Chapter 218, 2010 General Session
UT Code § 78B-4-103 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 4 - Limitations on Liability|Part 1 - Liability Protection for Volunteers|Section 103 - Liability protection for organizations.

78B-4-103. Liability protection for organizations.  A nonprofit organization is not liable for the acts or omissions of its volunteers in any circumstance where:  (1) the acts of its volunteers are not as described in Subsection 78B-4-102(1) unless the nonprofit organization had, or reasonably should have had, reasonable notice of the volunteer's unfitness to provide services to the nonprofit organization under circumstances that make the nonprofit organization's use of the volunteer reckless or wanton in light of that notice; or     (2) a business employer would not be liable under the laws of this state if the act or omission were the act or omission of one of its employees.    Renumbered and Amended by Chapter 3, 2008 General Session