reglab/housing_qa huggingface dataset:
UT Code § 78B-4-509 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 4 - Limitations on Liability|Part 5 - Miscellaneous Provisions|Section 509 - Inherent risks of certain recreational activities -- Claim barred against county or municipality -- No effect on duty or liability of person participating in recreational activity or other person.

 Effective 5/12/2020  78B-4-509. Inherent risks of certain recreational activities -- Claim barred against county or municipality -- No effect on duty or liability of person participating in recreational activity or other person.    (1) As used in this section:   (a) "Inherent risks" means any danger, condition, and potential for personal injury or property damage that is an integral and natural part of participating in a recreational activity.     (b) "Municipality" means the same as that term is defined in Section 10-1-104.     (c) "Person" means:   (i) an individual, regardless of age, maturity, ability, capability, or experience; and     (ii) a corporation, partnership, limited liability company, or any other form of business enterprise.       (d) "Recreational activity" includes a rodeo, an equestrian activity, skateboarding, skydiving, para gliding, hang gliding, roller skating, ice skating, fishing, hiking, walking, running, jogging, bike riding, scooter riding, or in-line skating on property:   (i) owned, leased, or rented by, or otherwise made available to:   (A) with respect to a claim against a county, the county; and     (B) with respect to a claim against a municipality, the municipality; and       (ii) intended for the specific use in question.         (2) Notwithstanding Sections 78B-5-817 through 78B-5-823, no person may make a claim against or recover from any of the following entities for personal injury or property damage resulting from any of the inherent risks of participating in a recreational activity:   (a) a county, municipality, local district under Title 17B, Limited Purpose Local Government Entities - Local Districts, or special service district under Title 17D, Chapter 1, Special Service District Act; or     (b) the owner of property that is leased, rented, or otherwise made available to a county, municipality, local district, or special service district for the purpose of providing or operating a recreational activity.       (3)   (a) Nothing in this section may be construed to relieve a person participating in a recreational activity from an obligation that the person would have in the absence of this section to exercise due care or from the legal consequences of a failure to exercise due care.     (b) Nothing in this section may be construed to relieve any other person from an obligation that the person would have in the absence of this section to exercise due care or from the legal consequences of a failure to exercise due care.      Amended by Chapter 125, 2020 General Session
UT Code § 78B-4-510 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 4 - Limitations on Liability|Part 5 - Miscellaneous Provisions|Section 510 - Affirmative defense for liquified petroleum gas industry.

78B-4-510. Affirmative defense for liquified petroleum gas industry.    (1) In any action for damages for personal injury, death, or property damage in which a seller, supplier, installer, handler, or transporter of liquified petroleum gas is named as a defendant, it shall be an affirmative defense to liability that:   (a) the equipment or appliance which caused the damage was altered or modified without the consent or knowledge of the seller, supplier, installer, handler, or transporter; or     (b) the equipment or appliance was used in a manner or for a purpose other than that for which it was intended.       (2) There is a rebuttable presumption that a seller, supplier, installer, handler, or transporter of liquified petroleum gas and the necessary equipment and appliances, licensed in accordance with Title 53, Chapter 7, Part 3, Liquefied Petroleum Gas Act, has followed all applicable standards and procedures established by the Liquified Petroleum Gas Board.    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-4-511 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 4 - Limitations on Liability|Part 5 - Miscellaneous Provisions|Section 511 - Regulation of firearms reserved to state -- Lawsuits prohibited.

78B-4-511. Regulation of firearms reserved to state -- Lawsuits prohibited.    (1) As prescribed by Section 76-10-500, all authority to regulate firearms is reserved to the state through the Legislature.     (2) A person who lawfully designs, manufactures, markets, advertises, transports, or sells firearms or ammunition to the public may not be sued by the state or any of its political subdivisions for the subsequent use, whether lawfully or unlawfully, of the firearm or ammunition, unless the suit is based on the breach of a contract or warranty for a firearm or ammunition purchased by the state or political subdivision.    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-4-513 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 4 - Limitations on Liability|Part 5 - Miscellaneous Provisions|Section 513 - Cause of action for defective construction.

78B-4-513. Cause of action for defective construction.    (1) Except as provided in Subsection (2), an action for defective design or construction is limited to breach of the contract, whether written or otherwise, including both express and implied warranties.     (2) An action for defective design or construction may include damage to other property or physical personal injury if the damage or injury is caused by the defective design or construction.     (3) For purposes of Subsection (2), property damage does not include:   (a) the failure of construction to function as designed; or     (b) diminution of the value of the constructed property because of the defective design or construction.       (4) Except as provided in Subsections (2) and (6), an action for defective design or construction may be brought only by a person in privity of contract with the original contractor, architect, engineer, or the real estate developer.     (5) If a person in privity of contract sues for defective design or construction under this section, nothing in this section precludes the person from bringing, in the same suit, another cause of action to which the person is entitled based on an intentional or willful breach of a duty existing in law.     (6) Nothing in this section precludes a person from assigning a right under a contract to another person, including to a subsequent owner or a homeowners association.    Enacted by Chapter 280, 2008 General Session
UT Code § 78B-4-514 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 4 - Limitations on Liability|Part 5 - Miscellaneous Provisions|Section 514 - Definitions -- Immunity for architects and engineers during emergencies.

 Effective 5/12/2015  78B-4-514. Definitions -- Immunity for architects and engineers during emergencies.    (1) As used in this section:   (a) "Architect" means a person licensed in accordance with Title 58, Chapter 3a, Architects Licensing Act.     (b) "Declared state of emergency" means a state of emergency declared by the governor of this state or by the chief executive officer of a political subdivision, in accordance with Title 53, Chapter 2a, Emergency Management Act.     (c) "Professional engineer" means a person licensed in accordance with Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act.     (d) "Public official" means an appointed or elected federal, state, or local official, including building inspectors and police and fire chiefs, acting within the scope and jurisdiction of the official's authority during a declared emergency.       (2) An architect or professional engineer, acting in good faith and within the scope of his or her respective license, is not liable for:   (a) any acts, errors, or omissions; or     (b) personal injury, wrongful death, property damage, or any other loss arising from architectural or engineering services provided by the architect or engineer:   (i) as a non-paid volunteer at the request of a public official; and     (ii) during, or for 90 days following, a declared state of emergency.         (3) Nothing in Subsection (2) shall be construed to provide immunity to an architect or engineer for architectural or engineering services that are not within the scope of licensure.    Amended by Chapter 258, 2015 General Session
UT Code § 78B-4-515 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 4 - Limitations on Liability|Part 5 - Miscellaneous Provisions|Section 515 - Limitation on liability for greenhouse gases.

78B-4-515. Limitation on liability for greenhouse gases.    (1) "Greenhouse gas" means water vapor, carbon dioxide, methane, nitrous oxide, ozone, and chlorofluorocarbons.     (2) A person residing or doing business in this state may not be held liable for damage or injury to another arising out of any actual or potential effect on climate caused by contributions to emissions of greenhouse gases unless it can be proved by clear and convincing evidence that the person has:   (a) violated an enforceable statutory limitation or restriction against emissions of a specific greenhouse gas originating within this state; or     (b) violated the express terms of a valid, enforceable operating, air, or other permit issued by a state or federal regulatory agency that has jurisdiction over the greenhouse gas emissions of the person or business.       (3) The person bringing the action shall:   (a) specify each greenhouse gas emitted by the defendant which is asserted to give rise to the cause of action; and     (b) show by clear and convincing evidence that unavoidable and identifiable damage or injury has resulted or will result as a direct cause of the defendant's violation of statutory and permitting limits.      Amended by Chapter 340, 2011 General Session
UT Code § 78B-4-516 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 4 - Limitations on Liability|Part 5 - Miscellaneous Provisions|Section 516 - Immunity for providing assistance in a suicide emergency.

 Effective 5/14/2019  78B-4-516. Immunity for providing assistance in a suicide emergency.    (1) As used in this section:   (a) "Emergency care" means assistance or advice offered to avoid, mitigate, or attempt to mitigate the effects of a suicide emergency.     (b) "Suicide emergency" means an occurrence that reasonably indicates an individual is at risk of dying or attempting to die by suicide.       (2) A person who provides emergency care at or near the scene of, or during, a suicide emergency, gratuitously and in good faith, is not liable for any civil damages or penalties as a result of any act or omission by the person providing the emergency care, unless the person is grossly negligent or caused the suicide emergency.    Enacted by Chapter 447, 2019 General Session
UT Code § 78B-4-517 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 4 - Limitations on Liability|Part 5 - Miscellaneous Provisions|Section 517 - Immunity related to COVID-19.

 Effective 8/18/2020  78B-4-517. Immunity related to COVID-19.    (1) As used in this section:   (a) "COVID-19" means:   (i) severe acute respiratory syndrome coronavirus 2; or     (ii) the disease caused by severe acute respiratory syndrome coronavirus 2.       (b) "Person" means the same as that term is defined in Section 68-3-12.5.     (c) "Premises" means real property and any appurtenant building or structure.       (2) Subject to the other provisions of this section, a person is immune from civil liability for damages or an injury resulting from exposure of an individual to COVID-19 on the premises owned or operated by the person, or during an activity managed by the person. Immunity as described in this Subsection (2) does not apply to:   (a) willful misconduct;     (b) reckless infliction of harm; or     (c) intentional infliction of harm.       (3) This section does not modify the application of:   (a)Title 34A, Chapter 2, Workers' Compensation Act;     (b)Title 34A, Chapter 3, Utah Occupational Disease Act; or     (c)Title 34A, Chapter 6, Utah Occupational Safety and Health Act.       (4) The immunity in Subsection (2) is in addition to any other immunity protections that may apply in state or federal law.    Amended by Chapter 10, 2020 Special Session 5
UT Code § 78B-4-601 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 4 - Limitations on Liability|Part 6 - Successor Corporation Asbestos-Related Liability Act|Section 601 - Title.

78B-4-601. Title.  This part is known as the "Successor Corporation Asbestos-Related Liability Act."  Enacted by Chapter 237, 2012 General Session
UT Code § 78B-4-602 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 4 - Limitations on Liability|Part 6 - Successor Corporation Asbestos-Related Liability Act|Section 602 - Definitions.

78B-4-602. Definitions.  As used in this part:  (1) "Asbestos claim" means a claim, wherever or whenever made, for damages, losses, indemnification, contribution, or other relief arising out of, based on, or in any way related to asbestos, including:   (a) the health effects of exposure to asbestos, including a claim for:   (i) personal injury or death;     (ii) mental or emotional injury;     (iii) risk of disease or other injury; or     (iv) the costs of medical monitoring or surveillance;       (b) a claim made by or on behalf of a person exposed to asbestos, or a representative, spouse, parent, child, or other relative of the person; and     (c) a claim for damage or loss caused by the installation, presence, or removal of asbestos.       (2) "Corporation" means a corporation for profit, including a domestic corporation organized under the laws of this state or a foreign corporation organized under laws other than this state.     (3) "Successor" means a corporation that:   (a)   (i) assumes or incurs or has assumed or incurred successor asbestos-related liability;     (ii) is the successor corporation after a merger or consolidation; and     (iii) became a successor before January 1, 1972; or       (b) is a successor corporation of a corporation described in Subsection (3)(a).       (4)   (a) "Successor asbestos-related liability" means liability:   (i) whether known or unknown, asserted or unasserted, absolute or contingent, accrued or unaccrued, liquidated or unliquidated, or due or to become due;     (ii) that is related in any way to an asbestos claim; and     (iii)   (A) is assumed or incurred by a corporation as a result of or in connection with a merger or consolidation, or the plan of merger or consolidation related to the merger or consolidation with or into another corporation; or     (B) that is related in any way to an asbestos claim based on the exercise of control or the ownership of stock of the corporation before the merger or consolidation.         (b) "Successor asbestos-related liability" includes liability that, after the time of the merger or consolidation for which the fair market value of total gross assets is determined under Section 78B-4-605, was or is paid or otherwise discharged, or committed to be paid or otherwise discharged, by or on behalf of the corporation, or by a successor of the corporation, or by or on behalf of a transferor, in connection with a settlement, judgment, or other discharge in this state or another jurisdiction.       (5) "Transferor" means a corporation from which successor asbestos-related liability is or was assumed or incurred.    Enacted by Chapter 237, 2012 General Session
UT Code § 78B-4-603 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 4 - Limitations on Liability|Part 6 - Successor Corporation Asbestos-Related Liability Act|Section 603 - Applicability.

78B-4-603. Applicability.    (1) The limitations in Section 78B-4-604 apply to a successor.     (2) The limitations in Section 78B-4-604 do not apply to:   (a) workers' compensation benefits paid by or on behalf of an employer to an employee under Title 34A, Chapter 2, Workers' Compensation Act, and Title 34A, Chapter 3, Utah Occupational Disease Act, or a comparable workers' compensation law of another jurisdiction;     (b) a claim against a corporation that does not constitute a successor asbestos-related liability;     (c) an obligation under the National Labor Relations Act, 29 U.S.C. Sec. 151, et seq., as amended, or under a collective bargaining agreement; or     (d) a successor that, after a merger or consolidation, continued in the business of:   (i) mining asbestos;     (ii) selling or distributing asbestos fibers; or     (iii) manufacturing, distributing, removing, or installing asbestos-containing products that were the same or substantially the same as those products previously manufactured, distributed, removed, or installed by the transferor.        Enacted by Chapter 237, 2012 General Session
UT Code § 78B-4-604 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 4 - Limitations on Liability|Part 6 - Successor Corporation Asbestos-Related Liability Act|Section 604 - Measure of liabilities.

78B-4-604. Measure of liabilities.    (1) Except as further limited in Subsection (2), the cumulative successor asbestos-related liability of a successor is limited to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. A successor does not have responsibility for successor asbestos-related liability in excess of this limitation.     (2) If the transferor had assumed or incurred successor asbestos-related liability in connection with a prior merger or consolidation with a prior transferor, the fair market value of the total assets of the prior transferor determined as of the time of the earlier merger or consolidation shall be substituted for the limitation set forth in Subsection (1) for purposes of determining the limitation of liability of a successor.    Enacted by Chapter 237, 2012 General Session
UT Code § 78B-4-605 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 4 - Limitations on Liability|Part 6 - Successor Corporation Asbestos-Related Liability Act|Section 605 - Establishing fair market value of total gross assets.

78B-4-605. Establishing fair market value of total gross assets.    (1) A successor may establish the fair market value of total gross assets for the purpose of the limitations under Section 78B-4-604 through any method reasonable under the circumstances, including:   (a) by reference to the going concern value of the assets or to the purchase price attributable to or paid for the assets in an arms-length transaction; or     (b) in the absence of other readily available information from which the fair market value can be determined, by reference to the value of the assets recorded on a balance sheet.       (2) Total gross assets include intangible assets.     (3)   (a) To the extent total gross assets include any liability insurance that was issued to the transferor whose assets are being valued for purposes of this section, the applicability, terms, conditions, and limits of the insurance may not be affected by this section, nor shall this section otherwise affect the rights and obligations of an insurer, transferor, or successor under any insurance contract or related agreement including:   (i) preenactment settlements resolving coverage-related disputes; and     (ii) the rights of an insurer to seek payment of applicable deductibles, restrospective premiums, or self-insured retentions or to seek contribution from a successor for uninsured or self-insured periods or periods when insurance is uncollectible or otherwise unavailable.       (b) Without limiting Subsection (3)(a), to the extent total gross assets include liability insurance, a settlement, or a dispute concerning the liability insurance coverage entered into by a transferor or successor with the insurers of the transferor before May 8, 2012, shall be determinative of the total coverage of the liability insurance to be included in the calculation of the transferor's total gross assets.      Enacted by Chapter 237, 2012 General Session
UT Code § 78B-4-606 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 4 - Limitations on Liability|Part 6 - Successor Corporation Asbestos-Related Liability Act|Section 606 - Adjustment.

78B-4-606. Adjustment.    (1) Subject to Subsections (2) through (4), the fair market value of total gross assets at the time of the merger or consolidation shall increase annually at a rate equal to the sum of:   (a) the prime rate as listed in the first edition of the Wall Street Journal published for each calendar year since the merger or consolidation, unless the prime rate is not published in that edition of the Wall Street Journal, in which case any reasonable determination of the prime rate on the first day of the calendar year may be used; and     (b) 1%.       (2) The rate found in Subsection (1) may not be compounded.     (3) The adjustment of the fair market value of total gross assets shall continue as provided in Subsection (1) until the date the adjusted value is first exceeded by the cumulative amounts of successor asbestos-related liability paid or committed to be paid by or on behalf of the successor corporation or a predecessor or by or on behalf of a transferor after the time of the merger or consolidation for which the fair market value of total gross assets is determined.     (4) An adjustment of the fair market value of total gross assets may not be applied to any liability insurance that may be included in the definition of total gross assets by Subsection 78B-4-605(3).    Enacted by Chapter 237, 2012 General Session
UT Code § 78B-4-607 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 4 - Limitations on Liability|Part 6 - Successor Corporation Asbestos-Related Liability Act|Section 607 - Scope.

78B-4-607. Scope.    (1) Courts of this state shall construe this part liberally with regard to successors.     (2) This part shall apply to an asbestos claim filed against a successor on or after May 8, 2012. This part shall apply to a pending asbestos claim against a successor in which trial has not commenced as of May 8, 2012, except that any provision of this part that would be unconstitutional if applied retroactively shall be applied prospectively.    Enacted by Chapter 237, 2012 General Session
UT Code § 78B-4-701 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 4 - Limitations on Liability|Part 7 - Cybersecurity Affirmative Defense Act|Section 701 - Definitions.

 Effective 5/5/2021  78B-4-701. Definitions.  As used in this part:  (1) "Breach of system security" means the same as that term is defined in Section 13-44-102.     (2) "NIST" means the National Institute for Standards and Technology in the United States Department of Commerce.     (3) "PCI data security standard" means the Payment Card Industry Data Security Standard.     (4)   (a) "Person" means:   (i) an individual;     (ii) an association;     (iii) a corporation;     (iv) a joint stock company;     (v) a partnership;     (vi) a business trust; or     (vii) any unincorporated organization.       (b) "Person" includes a financial institution organized, chartered, or holding a license authorizing operation under the laws of this state, another state, or another country.       (5) "Personal information" means the same as that term is defined in Section 13-44-102.    Enacted by Chapter 40, 2021 General Session
UT Code § 78B-4-704 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 4 - Limitations on Liability|Part 7 - Cybersecurity Affirmative Defense Act|Section 704 - No cause of action.

 Effective 5/5/2021  78B-4-704. No cause of action.  This part may not be construed to create a private cause of action, including a class action, if a person fails to comply with a provision of this part. Enacted by Chapter 40, 2021 General Session