reglab/statecodes huggingface dataset:
2023 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
2023 Utah Code › Title 78B - Judicial Code › Chapter 3 - Actions and Venue › Part 4 - Utah Health Care Malpractice Act › Section 427 - Transgender procedures upon a minor -- Right of action -- Informed consent requirements -- Statute of limitations.

Effective 1/28/2023
78B-3-427.
Transgender procedures upon a minor -- Right of action -- Informed consent requirements -- Statute of limitations.
(1) As used in this section:
(a) "Hormonal transgender treatment" means the same as that term is defined in Section 58-1-603.
(b) "Minor" means the same as that term is defined in Section 58-1-603.
(2)
(a) Notwithstanding any other provision of law, a malpractice action against a health care provider may be brought against a health care provider for damages arising from:
(i) providing a hormonal transgender treatment to a minor without complying with the requirements described in Section 58-1-603;
(ii) negligence in providing a hormonal transgender treatment to a minor; or
(iii) providing a treatment or procedure described in Subsection (2)(b)(ii) to a minor without the minor's consent including if the minor disaffirms consent under Subsection (3).
(3)
(a) Notwithstanding any other provision of law, an individual who gave informed consent as a minor or for whom consent was given under Section 78B-3-406, may disaffirm the consent if:
(i) the treatment at issue began after January 28, 2023;
(ii) the consent was provided for any of the following:
(A) a hormonal transgender treatment;
(B) a primary sex characteristic surgical procedure as defined in Section 58-67-102; or
(C) a secondary sex characteristic surgical procedure as defined in Section 58-67-102;
(iii) under the totality of the circumstances, a health care provider would have reason to believe that the minor, or a similarly situated minor, could later regret having given consent;
(iv) the individual suffered a permanent physical injury; and
(v) the consent is disaffirmed in writing before the individual reaches the age of 25 years old.
(b) A disaffirmation of consent under this Subsection (3) relates back to the day the original consent was given.
(4) Notwithstanding any other provision of law, a malpractice action against a health care provider described in Subsection (2)(a) may be brought before the patient is 25 years old if the treatment at issue in the malpractice action began, occurred, or continued on or after January 28, 2023.
(5) Sections 78B-3-404 and 78B-3-406 do not apply to an action described in this section.
Revisor instructions Chapter 2, 2023 General Session
Enacted by Chapter 2, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 3 - Actions and Venue › Part 4 - Utah Health Care Malpractice Act › Section 428 - Breach of duty for deviating from established practices.

Effective 5/3/2023
78B-3-428.
Breach of duty for deviating from established practices.
(1) A health care provider does not breach the duty of care the health care provider owes to a patient:
(a) to the extent any alleged breach is based on actions related to the health care provider's deviation from medical norms or established practices; and
(b) if the conditions described in Subsection 58-1-501(5) have been met.
(2) A health care facility is not vicariously liable for an action or claim described in Subsection (1)(a) if the conditions described in Subsection 58-1-501(5) have been met.
Enacted by Chapter 321, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 3 - Actions and Venue › Part 4 - Utah Health Care Malpractice Act › Section 450 - Definitions.

Effective 5/3/2023
78B-3-450.
Definitions.
As used in this part:
(1) "Adverse event" means an injury or suspected injury that is associated with a health care process rather than an underlying condition of a patient or a disease.
(2) "Affected party" means:
(a) a patient; and
(b) any representative of a patient.
(3) "Communication" means any written or oral communication created for or during a medical candor process.
(4) "Governmental entity" means the same as that term is defined in Section 63G-7-102.
(5) "Health care" means the same as that term is defined in Section 78B-3-403.
(6) "Health care provider" means the same as that term is defined in Section 78B-3-403.
(7) "Malpractice action against a health care provider" means the same as that term is defined in Section 78B-3-403.
(8) "Medical candor process" means the process described in Section 78B-3-451.
(9) "Patient" means the same as that term is defined in Section 78B-3-403.
(10) "Public employee" means the same as the term "employee" as defined in Section 63G-7-102.
(11)
(a) Except as provided in Subsection (11)(c), "representative" means the same as that term is defined in Section 78B-3-403.
(b) "Representative" includes:
(i) a parent of a child regardless of whether the parent is the custodial or noncustodial parent;
(ii) a legal guardian of a child;
(iii) a person designated to make decisions on behalf of a patient under a power of attorney, an advanced health care directive, or a similar legal document;
(iv) a default surrogate as defined in Section 75-2a-108; and
(v) if the patient is deceased, the personal representative of the patient's estate or the patient's heirs as defined in Sections 75-1-201 and 78B-3-105.
(c) "Representative" does not include a parent of a child if the parent's parental rights have been terminated by a court.
(12) "State" means the same as that term is defined in Section 63G-7-102.
Amended by Chapter 139, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 3 - Actions and Venue › Part 4a - Utah Medical Candor Act › Section 451 - Medical candor process.

Effective 5/4/2022
78B-3-451.
Medical candor process.
In accordance with this part, a health care provider may engage an affected party in a process where the health care provider and any other health care provider notified in Subsection 78B-3-452(1)(b) that chooses to participate in the process that:
(1) conducts an investigation into an adverse event involving a patient and the health care provided to the patient;
(2) communicates information to the affected party regarding information gathered during an investigation described in Subsection (1);
(3) communicates to the affected party the steps that the health care provider will take to prevent future occurrences of the adverse event; and
(4) determines whether to make an offer of compensation to the affected party for the adverse event.
Enacted by Chapter 366, 2022 General Session
2023 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
2023 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.

Effective 9/1/2022
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 80-2-602.
Amended by Chapter 335, 2022 General Session
2023 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
2023 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
2023 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
2023 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
2023 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.

Effective 5/3/2023
78B-3-701.
Definitions.
As used in this part:
(1) "Disability" has the same meaning as defined in Section 26B-6-801.
(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 26B-6-801; or
(b) a search and rescue dog.
Amended by Chapter 330, 2023 General Session
2023 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
2023 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
2023 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
2023 Utah Code › Title 78B - Judicial Code › Chapter 3 - Actions and Venue › Part 10 - Liability for Publishers and Distributors of Material Harmful to Minors › Section 1002 - Liability for publishers and distributors -- Age verification -- Retention of data -- Exceptions.

Effective 5/3/2023
78B-3-1002.
Liability for publishers and distributors -- Age verification -- Retention of data -- Exceptions.
(1) A commercial entity that knowingly and intentionally publishes or distributes material harmful to minors on the Internet from a website that contains a substantial portion of such material shall be held liable if the entity fails to perform reasonable age verification methods to verify the age of an individual attempting to access the material.
(2) A commercial entity or third party that performs the required age verification shall not retain any identifying information of the individual after access has been granted to the material.
(3) A commercial entity that is found to have violated this section shall be liable to an individual for damages resulting from a minor's accessing the material, including court costs and reasonable attorney fees as ordered by the court.
(4) A commercial entity that is found to have knowingly retained identifying information of the individual after access has been granted to the individual shall be liable to the individual for damages resulting from retaining the identifying information, including court costs and reasonable attorney fees as ordered by the court.
(5) This section shall not apply to any bona fide news or public interest broadcast, website video, report, or event and shall not be construed to affect the rights of a news-gathering organization.
(6) No Internet service provider, affiliate or subsidiary of an Internet service provider, search engine, or cloud service provider shall be held to have violated the provisions of this section solely for providing access or connection to or from a website or other information or content on the Internet, or a facility, system, or network not under that provider's control, including transmission, downloading, storing, or providing access, to the extent that such provider is not responsible for the creation of the content of the communication that constitutes material harmful to minors.
Enacted by Chapter 262, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 3a - Venue for Civil Actions › Part 1 - General Provisions › Section 101 - Definitions.

Effective 7/1/2024
78B-3a-101.
Definitions.
As used in this chapter:
(1)
(a) "Action" means a lawsuit or case that is commenced in a court.
(b) "Action" does not include a criminal action as defined in Section 77-1-3.
(2) "Business organization" means:
(a) an association;
(b) a corporation;
(c) an institution, as that term is defined in Section 7-1-103;
(d) a joint stock company;
(e) a joint venture;
(f) a limited liability company;
(g) a mutual fund trust;
(h) a partnership; or
(i) any other similar form of organization described in Subsections (2)(a) through (h).
(3) "Cause of action" means the act or omission giving rise to the action.
(4) "Principal place of business" means the place where the business organization's officers direct, control, and coordinate the business organization's activities regardless of whether the place is located in this state.
(5) "Registered office" means the place within this state that the business organization designated as the business organization's registered office in the most recent document on file with the Division of Corporations and Commercial Code.
Enacted by Chapter 401, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 3a - Venue for Civil Actions › Part 1 - General Provisions › Section 102 - Applicability of this chapter -- Venue for the Business and Chancery Court.

Effective 7/1/2024
78B-3a-102.
Applicability of this chapter -- Venue for the Business and Chancery Court.
(1) Except as otherwise provided by another provision of the Utah Code, a plaintiff shall bring an action in accordance with the requirements of this chapter.
(2) The requirements of this chapter do not apply to an action brought in the Business and Chancery Court.
Enacted by Chapter 401, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 3a - Venue for Civil Actions › Part 1 - General Provisions › Section 103 - Transfer of venue.

Effective 7/1/2024
78B-3a-103.
Transfer of venue.
(1) A court may transfer venue in accordance with Rule 42 of the Utah Rules of Civil Procedure.
(2) A court to which an action is transferred has the same jurisdiction as if the action had been originally brought in that court.
Enacted by Chapter 401, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 3a - Venue for Civil Actions › Part 1 - General Provisions › Section 104 - Residence of a business organization.

Effective 7/1/2024
78B-3a-104.
Residence of a business organization.
For purposes of this chapter, the residence of a business organization is:
(1) the county where the business organization's principal place of business is located;
(2) the county where the business organization's registered office is located if the business organization does not have a principal place of business in the state; or
(3) Salt Lake County if the business organization does not have a principal place of business or a registered office in the state.
Enacted by Chapter 401, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 3a - Venue for Civil Actions › Part 2 - Venue Requirements › Section 201 - All actions -- Exceptions.

Effective 7/1/2024
78B-3a-201.
All actions -- Exceptions.
(1) Except as otherwise provided by this chapter or another provision of the Utah Code, a plaintiff shall bring an action in the county in which:
(a) the cause of action arises; or
(b) any defendant resides at the commencement of the action.
(2) If none of the defendants reside in this state, the plaintiff may bring the action in any county designated by the plaintiff in the complaint.
(3) If the defendant is about to depart from the state, the plaintiff may bring the action in any county where any of the parties resides or service is had.
Renumbered and Amended by Chapter 401, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 3a - Venue for Civil Actions › Part 2 - Venue Requirements › Section 202 - Actions involving real property.

Effective 7/1/2024
78B-3a-202.
Actions involving real property.
(1) A plaintiff shall bring the following actions involving real property in the county in which the real property, or some part of the real property, is situated:
(a) for the recovery of real property or of an estate or interest in the property;
(b) for the determination, in any form, of the right or interest in the real property;
(c) for injuries to real property;
(d) for the partition of real property; and
(e) for the foreclosure of all liens and mortgages on real property.
(2) If the real property is situated in more than one county, the plaintiff may bring the action in any county in which the real property is situated.
Renumbered and Amended by Chapter 401, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 3a - Venue for Civil Actions › Part 2 - Venue Requirements › Section 203 - Actions to recover fines or penalties -- Actions against public officers.

Effective 7/1/2024
78B-3a-203.
Actions to recover fines or penalties -- Actions against public officers.
(1) A plaintiff shall bring an action to recover a fine or penalty in the county where:
(a) the cause of action arises; or
(b) some part of the cause of action arises.
(2) If a fine, penalty, or forfeiture imposed by statute is imposed for an offense committed on a lake, river, or other stream of water situated in two or more counties, the plaintiff may bring the action in any county bordering on the lake, river, or stream opposite to the place where the offense was committed.
(3) Except as otherwise provided by law, a plaintiff shall bring an action against a public officer, or the public officer's designee, in the county where the cause of action arises.
Renumbered and Amended by Chapter 401, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 3a - Venue for Civil Actions › Part 2 - Venue Requirements › Section 204 - Actions against a county.

Effective 7/1/2024
78B-3a-204.
Actions against a county.
(1) Except as otherwise provided in Subsection (2), a plaintiff shall bring an action against a county in the county.
(2) If the action is brought by another county, the county may bring the action in any county not a party to the action.
Renumbered and Amended by Chapter 401, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 3a - Venue for Civil Actions › Part 2 - Venue Requirements › Section 205 - Actions on written contracts.

Effective 7/1/2024
78B-3a-205.
Actions on written contracts.
A plaintiff shall bring an action on a contract signed in this state to perform an obligation in:
(1) if the action is to enforce an interest in real property securing a consumer's obligation, the county where the real property is located or where the defendant resides; or
(2) if the action is to enforce an interest other than under Subsection (1), the county where the obligation is to be performed, the contract was signed, or in which the defendant resides.
Renumbered and Amended by Chapter 401, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 3a - Venue for Civil Actions › Part 2 - Venue Requirements › Section 206 - Transitory actions.

Effective 7/1/2024
78B-3a-206.
Transitory actions.
(1) Except for a transitory action under Subsection (2), a plaintiff shall bring a transitory action arising outside the state in the county where the defendant resides if the action is brought in this state.
(2) A plaintiff shall bring a transitory action arising outside the state in favor of residents of this state in the county where:
(a) the plaintiff resides; or
(b) the principal defendant resides.
Enacted by Chapter 401, 2023 General Session
2023 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
2023 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
2023 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
2023 Utah Code › Title 78B - Judicial Code › Chapter 4 - Limitations on Liability › Part 2 - Limitations on Liability for Equine and Livestock Activities › Section 202 - Equine and livestock activity liability limitations.

Effective 7/1/2017
78B-4-202.
Equine and livestock activity liability limitations.
(1) It shall be presumed that participants in equine or livestock activities are aware of and understand that there are inherent risks associated with these activities.
(2) An equine activity sponsor, equine professional, livestock activity sponsor, or livestock professional is not liable for an injury to or the death of a participant due to the inherent risks associated with these activities, unless the sponsor or professional:
(a)
(i) provided the equipment or tack;
(ii) the equipment or tack caused the injury; and
(iii) the equipment failure was due to the sponsor's or professional's negligence;
(b) failed to make reasonable efforts to determine whether the equine or livestock could behave in a manner consistent with the activity with the participant;
(c) owns, leases, rents, or is in legal possession and control of land or facilities upon which the participant sustained injuries because of a dangerous condition which was known to or should have been known to the sponsor or professional and for which warning signs have not been conspicuously posted;
(d)
(i) commits an act or omission that constitutes negligence, gross negligence, or willful or wanton disregard for the safety of the participant; and
(ii) that act or omission causes the injury; or
(e) intentionally injures or causes the injury to the participant.
(3) This chapter does not prevent or limit the liability of an equine activity sponsor, an equine professional, a livestock activity sponsor, or a livestock professional who is:
(a) a veterinarian licensed under Title 58, Chapter 28, Veterinary Practice Act, in an action to recover for damages incurred in the course of providing professional treatment of an equine;
(b) liable under Title 4, Chapter 25, Estrays; or
(c) liable under Title 78B, Chapter 6, Part 7, Utah Product Liability Act.
Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 4 - Limitations on Liability › Part 2 - Limitations on Liability for Equine and Livestock Activities › Section 203 - Signs to be posted listing inherent risks and liability limitations.

78B-4-203.
Signs to be posted listing inherent risks and liability limitations.
(1) An equine or livestock activity sponsor shall provide notice to participants of the equine or livestock activity that there are inherent risks of participating and that the sponsor is not liable for certain of those risks.
(2) Notice shall be provided by:
(a) posting a sign in a prominent location within the area being used for the activity; or
(b) providing a document or release for the participant, or the participant's legal guardian if the participant is a minor, to sign.
(3) The notice provided by the sign or document shall be sufficient if it includes the definition of inherent risk in Section 78B-4-201 and states that the sponsor is not liable for those inherent risks.
(4) Notwithstanding Subsection (1), signs are not required to be posted for parades and activities that fall within Subsections 78B-4-201(2)(f) and (7)(c), (e), (g), (h), and (j).
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 4 - Limitations on Liability › Part 3 - Commonsense Consumption Act › Section 302 - Definitions.

78B-4-302.
Definitions.
As used in this part:
(1) "Claim" means any assertion by or on behalf of a natural person, as well as any derivative claim arising from it, and asserted by or on behalf of any other person.
(2) "Food":
(a) means any raw, cooked, or processed edible substance, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption;
(b) does not include:
(i) tobacco products;
(ii) alcohol products;
(iii) vitamins or dietary supplements;
(iv) illegal drugs; or
(v) prescription or over-the-counter drugs.
(3) "Knowing and willful violation" means that the conduct constituting the violation was:
(a) committed with the intent to deceive or injure consumers or with actual knowledge that the conduct was injurious to consumers; and
(b) not required by regulation, order, rule, ordinance, or any statute administered by a federal, state, or local government agency.
(4) "Condition resulting from long term consumption of food" means the cumulative effect of consumption of food, which includes weight gain, obesity, or other generally known health conditions allegedly caused by or likely to result from the consumption of food.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 4 - Limitations on Liability › Part 3 - Commonsense Consumption Act › Section 303 - Prevention of unfounded lawsuits -- Exemption.

78B-4-303.
Prevention of unfounded lawsuits -- Exemption.
(1) Except as provided in Subsection (2), a manufacturer, packer, distributor, carrier, holder, seller, marketer, advertiser of a food, or an association of one or more such entities, may not be subject to civil liability arising under any state statute, rule, public policy, court or administrative decision, municipal ordinance, or other action having the effect of law, for any claim of obesity or weight gain resulting from the consumption of food.
(2) Subsection (1) may not apply where the claim of obesity or weight gain is based on:
(a) a material violation of an adulteration or misbranding requirement prescribed by state or federal statute, rule, regulation, or ordinance and the claimed injury was proximately caused by the violation; or
(b) any other material violation of federal or state law applicable to the manufacturing, marketing, distribution, advertising, labeling, or sale of food, provided that the violation is knowing and willful, and the claimed injury was proximately caused by the violation.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 4 - Limitations on Liability › Part 3 - Commonsense Consumption Act › Section 304 - Pleading requirements.

78B-4-304.
Pleading requirements.
(1) In any action commenced under the provisions of Subsection 78B-4-303(2), the complaint or petition shall state with particularity the following:
(a) the statute, rule, regulation, ordinance, or other law that was allegedly violated;
(b) the facts that are alleged to constitute a material violation of the statute, rule, regulation, ordinance, or other law; and
(c) the facts alleged to demonstrate that the violation proximately caused actual injury to the plaintiff.
(2) The complaint or petition shall also state with particularity facts sufficient to support a reasonable inference that the violation was with intent to deceive or injure consumers or with the actual knowledge that the violation was injurious to consumers.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 4 - Limitations on Liability › Part 3 - Commonsense Consumption Act › Section 305 - Stay pending motion to dismiss.

78B-4-305.
Stay pending motion to dismiss.
(1) In any action commenced under the provisions of Subsection 78B-4-303(2), all discovery and other proceedings shall be stayed during the pendency of any motion to dismiss unless the court finds upon the motion of any party that particularized discovery is necessary to preserve evidence or to prevent undue prejudice to a party.
(2) During the pendency of any stay of discovery pursuant to this section, unless otherwise ordered by the court, any party to the action with actual notice of the allegations contained in the complaint shall treat all documents, data compilations, and tangible objects that are in the custody or control of the party and are relevant to the allegations, as if they were the subject of a continuing request for production from an opposing party under Rule 34, URCP.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 4 - Limitations on Liability › Part 3 - Commonsense Consumption Act › Section 306 - Applicability.

78B-4-306.
Applicability.
The provisions of this chapter apply to all covered claims pending on May 3, 2004, and all claims filed after that date, regardless of when the claim arose.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 4 - Limitations on Liability › Part 4 - Inherent Risks of Skiing › Section 401 - Public policy.

Effective 5/12/2020
78B-4-401.
Public policy.
(1) The Legislature finds that:
(a) the sport of skiing is practiced by a large number of residents of Utah and attracts a large number of nonresidents, significantly contributing to the economy of this state;
(b) few insurance carriers are willing to provide liability insurance protection to ski area operators; and
(c) the premiums charged by insurance carriers have risen sharply in recent years due to confusion as to whether a skier assumes the risks inherent in the sport of skiing.
(2) It is the purpose of this act:
(a) to clarify the law in relation to skiing injuries and the risks inherent in the sport of skiing;
(b) to establish as a matter of law that certain risks are inherent in the sport of skiing; and
(c) to provide that, as a matter of public policy, an individual engaged in the sport of skiing may not recover from a ski operator for injuries resulting from the risks that are inherent in the sport of skiing.
Amended by Chapter 295, 2020 General Session