reglab/statecodes huggingface dataset:
2023 Utah Code › Title 78B - Judicial Code › Chapter 4 - Limitations on Liability › Part 4 - Inherent Risks of Skiing › Section 402 - Definitions.

Effective 5/12/2020
78B-4-402.
Definitions.
As used in this part:
(1) "Inherent risks of skiing" means the dangers or conditions that are an integral part of the sport of recreational, competitive, or professional skiing, including:
(a) changing weather conditions;
(b) snow or ice conditions as the snow or ice conditions exist or may change, including hard pack, powder, packed powder, wind pack, corn, crust, slush, cut-up snow, or machine-made snow;
(c) surface or subsurface conditions, including bare spots, forest growth, rocks, stumps, streambeds, cliffs, trees, or other natural objects;
(d) variations or steepness in terrain, whether natural or as a result of slope design, snowmaking or grooming operations, or other terrain modifications, including:
(i) terrain parks;
(ii) terrain features, including jumps, rails, or fun boxes; or
(iii) all other constructed and natural features, including half pipes, quarter pipes, or freestyle-bump terrain;
(e) impact with lift towers, other structures, or their components, including signs, posts, fences or enclosures, hydrants, or water pipes;
(f) collisions with other skiers;
(g) participation in, or practicing or training for, competitions or special events; and
(h) the failure of a skier to ski within the skier's own ability.
(2) "Injury" means any personal injury or property damage or loss.
(3) "Minor" means an individual who is under 18 years old.
(4) "Skier" means an individual present in a ski area for the purpose of engaging in the sport of skiing, nordic, freestyle, or other types of ski jumping, or using skis, a sled, a tube, a snowboard, or any other device.
(5) "Ski area" means any area designated by a ski area operator to be used for skiing, nordic, freestyle or other type of ski jumping, or snowboarding.
(6)
(a) "Ski area operator" means a person that operates a ski area.
(b) "Ski area operator" includes an agent, an officer, an employee, or a representative of the person that operates a ski area.
Amended by Chapter 295, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 4 - Limitations on Liability › Part 4 - Inherent Risks of Skiing › Section 403 - Bar against claim or recovery from operator for injury from risks inherent in sport.

Effective 5/12/2020
78B-4-403.
Bar against claim or recovery from operator for injury from risks inherent in sport.
Notwithstanding Sections 78B-5-817 through 78B-5-823, a skier may not make any claim against, or recover from, a ski area operator for injury resulting from inherent risks of skiing.
Amended by Chapter 295, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 4 - Limitations on Liability › Part 4 - Inherent Risks of Skiing › Section 404 - Trail boards listing inherent risks and limitations on liability.

Effective 5/12/2020
78B-4-404.
Trail boards listing inherent risks and limitations on liability.
A ski area operator shall:
(1) post trail boards at one or more prominent locations within each ski area; and
(2) include a list of the inherent risks of skiing and the limitations on liability of ski area operators on the trail board.
Amended by Chapter 295, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 4 - Limitations on Liability › Part 4 - Inherent Risks of Skiing › Section 405 - Liability agreements.

Effective 5/12/2020
78B-4-405.
Liability agreements.
(1) A skier may enter into an agreement with a ski area operator before an injury to:
(a) waive a claim that the skier is permitted to bring against a ski area operator; or
(b) release the ski area operator from a claim that the skier is permitted to bring under this part.
(2) If the skier is a minor, the skier, or the skier's parent or guardian on behalf of the minor, may not enter into an agreement described in Subsection (1)(a).
Enacted by Chapter 295, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 4 - Limitations on Liability › Part 4 - Inherent Risks of Skiing › Section 406 - Limitation on damages.

Effective 5/12/2020
78B-4-406.
Limitation on damages.
(1) In an action arising on or after May 12, 2020, against a ski area operator for a claim not prohibited under this part, in which the skier, or a person authorized to bring a claim on behalf of the skier, recovers for an injury and is awarded noneconomic losses, the amount of the award for noneconomic losses may not exceed $1,000,000.
(2) The limit on an award for noneconomic losses described in Subsection (1) does not apply to an award:
(a) of punitive damages; or
(b) for a wrongful death action.
Enacted by Chapter 295, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 4 - Limitations on Liability › Part 5 - Particular Limitations on Liability › Section 502 - Donation of food -- Liability limits.

78B-4-502.
Donation of food -- Liability limits.
(1) A person or entity who donates apparently wholesome food to a nonprofit organization for distribution to the needy is not subject to civil or criminal liability regarding the condition of the food unless an injury or death results from an act or omission of the donor that constitutes gross negligence, recklessness, or intentional misconduct.
(2) A nonprofit organization that distributes either directly or indirectly apparently wholesome food to persons in need at no charge and substantially complies with applicable local, county, state, and federal laws and regulations regarding the storage and handling of food for public distribution is not subject to civil or criminal liability regarding the condition of the food unless an injury or death results from an act or omission of the organization that constitutes gross negligence, recklessness, or intentional misconduct.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 4 - Limitations on Liability › Part 5 - Particular Limitations on Liability › Section 503 - Immunity for transient shelters.

78B-4-503.
Immunity for transient shelters.
(1) As used in this section, "transient shelter" means any person which provides shelter, food, clothing, or other products or services without consideration to indigent persons.
(2) Except as provided in Subsection (3), all transient shelters, owners, operators, and employees of transient shelters, and persons who contribute products or services to transient shelters, are immune from suit for damages or injuries arising out of or related to the damaged or injured person's use of the products or services provided by the transient shelter.
(3) This section does not prohibit an action against a person for damages or injury intentionally caused by that person or resulting from his gross negligence.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 4 - Limitations on Liability › Part 5 - Particular Limitations on Liability › Section 505 - Liability of reprocessor of single-use medical devices.

78B-4-505.
Liability of reprocessor of single-use medical devices.
(1) For purposes of this section:
(a) "Critical single-use medical device" means a medical device that:
(i) is marked as a single-use device by the original manufacturer; and
(ii) is intended to directly contact normally sterile tissue or body spaces during use, or is physically connected to a device intended to contact normally sterile tissue or body spaces during use.
(b) "Original manufacturer" means any person or entity who designs, manufactures, fabricates, assembles, or processes a critical single-use medical device which is new and has not been used in a previous medical procedure.
(c) "Reprocessor" includes a person or entity who performs the functions of contract sterilization, installation, relabeling, remanufacturing, repacking, or specification development of a reprocessed critical single-use medical device.
(d) "Reconditioned or reprocessed critical single-use medical device" means a critical single use medical device that:
(i) has previously been used on a patient and has been subject to additional processing and manufacturing for the purpose of additional use on a different patient;
(ii) includes a device that meets the definition under Subsection (1)(a), but has been labeled by the reprocessor as "recycled," "refurbished," or "reused"; and
(iii) does not include a disposable or critical single-use medical device that has been opened but not used on an individual.
(2) A reprocessor who reconditions or reprocesses a critical single-use medical device assumes the liability:
(a) of the original manufacturer of the critical single-use medical device; and
(b) for the safety and effectiveness of the reconditioned or reprocessed critical single-use medical device.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 4 - Limitations on Liability › Part 5 - Particular Limitations on Liability › Section 506 - Limited immunity for architects and engineers inspecting earthquake damage.

78B-4-506.
Limited immunity for architects and engineers inspecting earthquake damage.
(1) A professional engineer licensed under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act, or an architect licensed under Title 58, Chapter 3a, Architects Licensing Act, who provides structural inspection services at the scene of a declared national, state, or local emergency caused by a major earthquake is not liable for any personal injury, wrongful death, or property damage caused by the good faith inspection for structural integrity or nonstructural elements affecting health and safety of a structure used for human habitation or owned by a public entity if the inspection is performed:
(a) voluntarily, without compensation or the expectation of compensation;
(b) at the request of a public official or city or county building inspector acting in an official capacity; and
(c) within 30 days of the earthquake.
(2) The immunity provided for in Subsection (1) does not apply to gross negligence or willful misconduct.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 4 - Limitations on Liability › Part 5 - Particular Limitations on Liability › Section 508 - Limitation on liability of hockey facilities.

78B-4-508.
Limitation on liability of hockey facilities.
(1) As used in this section, "hockey facility" means a facility where hockey is customarily played or practiced and the general public is charged an admission fee to attend.
(2) The owner or operator of a hockey facility is not liable for any injury to the person or property of any person as a result of that person being hit by a hockey puck or stick unless:
(a) the person is situated completely behind a board, glass, or similar barrier and the board, glass, or barrier is defective; or
(b) the injury is caused by negligent or willful and wanton conduct in connection with the game of hockey by the owner or operator or any hockey player, coach, or manager employed by the owner or operator.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 4 - Limitations on Liability › Part 5 - Particular Limitations on Liability › 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 2/27/2023
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, special district under Title 17B, Limited Purpose Local Government Entities - Special 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, special 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 16, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 4 - Limitations on Liability › Part 5 - Particular Limitations on Liability › 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
2023 Utah Code › Title 78B - Judicial Code › Chapter 4 - Limitations on Liability › Part 5 - Particular Limitations on Liability › 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
2023 Utah Code › Title 78B - Judicial Code › Chapter 4 - Limitations on Liability › Part 5 - Particular Limitations on Liability › 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
2023 Utah Code › Title 78B - Judicial Code › Chapter 4 - Limitations on Liability › Part 5 - Particular Limitations on Liability › 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
2023 Utah Code › Title 78B - Judicial Code › Chapter 4 - Limitations on Liability › Part 5 - Particular Limitations on Liability › 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
2023 Utah Code › Title 78B - Judicial Code › Chapter 4 - Limitations on Liability › Part 5 - Particular Limitations on Liability › 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
2023 Utah Code › Title 78B - Judicial Code › Chapter 4 - Limitations on Liability › Part 5 - Particular Limitations on Liability › 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
2023 Utah Code › Title 78B - Judicial Code › Chapter 4 - Limitations on Liability › Part 5 - Particular Limitations on Liability › Section 518 - Limitation on liability of employer for employee convicted of offense.

Affected by 63I-1-278 on 7/1/2025
Effective 5/4/2022
78B-4-518.
Limitation on liability of employer for employee convicted of offense.
(1) As used in this section:
(a)
(i) Except as provided in Subsection (1)(a)(ii), "employee" means an individual whom an employer hired for compensation to perform services.
(ii) "Employee" does not include an independent contractor as defined in Subsection 34A-2-103(2)(b).
(b) "Employer" means a person, including the state and any political subdivision of the state, that employs one or more employees and is engaged in an industry or business related to:
(i) automotive repair and maintenance;
(ii) construction;
(iii) culinary arts;
(iv) manufacturing;
(v) oil, gas, or mining;
(vi) retail sale of goods or services; or
(vii) transportation of freight, merchandise, or other property by a commercial vehicle.
(2) A cause of action may not be brought against an employer for negligently hiring an employee based solely on evidence that the employee has been previously convicted in this state or in another jurisdiction of an offense.
(3) Subsection (2) does not preclude a cause of action for negligent hiring of an employee if the employer knew, or should have known, about the employee's prior conviction and due to the employee's prior conviction:
(a) the employer violated state or federal law by hiring or continuing to employ the employee; or
(b) the employer's hiring of the employee constitutes willful misconduct or gross negligence.
(4) The protections provided to an employer under this section do not apply in a cause of action concerning the misuse of funds or property of a person other than the employer if:
(a) on the date that the employee was hired by the employer, the employee had been previously convicted of an offense that includes fraud or the misuse of funds as an element of the offense; and
(b) it was foreseeable that the position for which the employee was hired would involve duties in managing funds or property.
(5) Section 63G-7-301 does not waive any immunity provided under this section for an employer that is a governmental entity or an employee of a governmental entity as those terms are defined in Section 63G-7-102.
(6) This section does not:
(a) create a cause of action; or
(b) expand an existing cause of action.
Enacted by Chapter 423, 2022 General Session
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 Utah Code › Title 78B - Judicial Code › Chapter 4 - Limitations on Liability › Part 7 - Cybersecurity Affirmative Defense Act › Section 705 - Choice of law.

Effective 5/5/2021
78B-4-705.
Choice of law.
A choice of law provision in an agreement that designates this state as the governing law shall apply this part, if applicable, to the fullest extent possible in a civil action brought against a person regardless of whether the civil action is brought in this state or another state.
Enacted by Chapter 40, 2021 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 4 - Limitations on Liability › Part 7 - Cybersecurity Affirmative Defense Act › Section 706 - Severability clause.

Effective 5/5/2021
78B-4-706.
Severability clause.
If any provision of this part, or the application of any provision of this part to any person or circumstance, is held invalid, the remainder of this part shall be given effect without the invalid provision or application.
Enacted by Chapter 40, 2021 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 1 - Issues and Trial › Section 101 - Right to jury trial.

78B-5-101.
Right to jury trial.
In actions for the recovery of specific real or personal property, with or without damages, or for money claimed due upon contract or as damages for breach of contract, or for injuries, an issue of fact may be tried by a jury, unless a jury trial is waived or a reference is ordered.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 1 - Issues and Trial › Section 102 - Jury to decide questions of fact.

78B-5-102.
Jury to decide questions of fact.
All questions of fact, where the trial is by jury, other than those mentioned in Section 78B-5-103, are to be decided by the jury, and all evidence is to be addressed to them, except when otherwise provided.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 1 - Issues and Trial › Section 103 - Court to decide questions of law.

78B-5-103.
Court to decide questions of law.
All questions of law, including the admissibility of evidence, the facts preliminary to admission, the construction of statutes and other writings, the application of the rules of evidence, and all discussions of law are to be addressed to and decided by the court. Whenever the knowledge of the court is by law made evidence of a fact, the court shall explain the knowledge to the jury, who are to accept it.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 2 - Judgments › Section 203 - Judgment against party dying after verdict or decision.

78B-5-203.
Judgment against party dying after verdict or decision.
If a party dies after a verdict or decision upon any issue of fact, and before judgment, the judgment is not a lien on the real property of the deceased party, but is payable in the course of the administration of the party's estate.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 2 - Judgments › Section 204 - Judgment against sheriff -- When conclusive against sureties on indemnity bond.

78B-5-204.
Judgment against sheriff -- When conclusive against sureties on indemnity bond.
If an action is brought against a sheriff for an act done by virtue of his office and he gives written notice to the sureties on any bond of indemnity received by him, the judgment recovered is conclusive evidence of his right to recover against such sureties. The court may, on motion, and upon five days notice, order judgment to be entered against them for the amount recovered, including costs.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 2 - Judgments › Section 205 - Judgment by confession authorized.

78B-5-205.
Judgment by confession authorized.
A judgment by confession may be entered without action, either for money due or to become due or to secure any person against contingent liability on behalf of the defendant, or both, in the manner prescribed by law. The judgment may be entered in any court having jurisdiction for like amounts.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 2 - Judgments › Section 206 - Mileage allowance for judgment debtor required to appear.

Superseded 7/1/2024
78B-5-206.
Mileage allowance for judgment debtor required to appear.
A judgment debtor legally required to appear before a district court or a master to answer concerning the debtor's property is entitled, on a sufficient showing of need, to mileage of 15 cents per mile for each mile actually and necessarily traveled in going only, to be paid by the judgment creditor at whose instance the judgment debtor was required to appear. The judgment creditor is not required to make any payment for such mileage until the judgment debtor has actually appeared before the court or master.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 2 - Judgments › Section 206 - Mileage allowance for judgment debtor required to appear.

Effective 7/1/2024
78B-5-206.
Mileage allowance for judgment debtor required to appear.
(1) A judgment debtor legally required to appear before a district court or the Business and Chancery Court to answer concerning the debtor's property is entitled, on a sufficient showing of need, to mileage of 15 cents per mile for each mile actually and necessarily traveled in going only, to be paid by the judgment creditor at whose instance the judgment debtor was required to appear.
(2) The judgment creditor is not required to make any payment for such mileage until the judgment debtor has actually appeared before the court.
Amended by Chapter 401, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 3 - Utah Foreign Judgment Act › Section 302 - Definition -- Filing and status of foreign judgments.

78B-5-302.
Definition -- Filing and status of foreign judgments.
(1) As used in this part, "foreign judgment" means any judgment, decree, or order of a court of the United States or of any other court whose acts are entitled to full faith and credit in this state.
(2) A copy of a foreign judgment authenticated in accordance with an appropriate act of Congress or an appropriate act of Utah may be filed with the clerk of any district court in Utah. The clerk of the district court shall treat the foreign judgment in all respects as a judgment of a district court of Utah.
(3) A foreign judgment filed under this part has the same effect and is subject to the same procedures, defenses, enforcement, satisfaction, and proceedings for reopening, vacating, setting aside, or staying as a judgment of a district court of this state.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 3 - Utah Foreign Judgment Act › Section 303 - Notice of filing.

78B-5-303.
Notice of filing.
(1) The judgment creditor or attorney for the creditor, at the time of filing a foreign judgment, shall file an affidavit with the clerk of the district court stating the last known post-office address of the judgment debtor and the judgment creditor.
(2) Upon the filing of a foreign judgment and affidavit, the clerk of the district court shall notify the judgment debtor that the judgment has been filed. Notice shall be sent to the address stated in the affidavit. The clerk shall record the date the notice is mailed in the register of actions. The notice shall include the name and post-office address of the judgment creditor and the name and address of the judgment creditor's attorney, if any.
(3) No execution or other process for the enforcement of a foreign judgment filed under this part may issue until 30 days after the judgment is filed.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 3 - Utah Foreign Judgment Act › Section 304 - Stay.

78B-5-304.
Stay.
(1) If an appeal from a foreign judgment is pending, the time for appeal has not expired, or a stay of execution has been granted, the court, upon proof that the judgment debtor has furnished security for satisfaction of the judgment in the state in which the judgment was rendered shall stay enforcement of the judgment until the appeal is concluded, the time for appeal expires, or until the stay of execution expires or is vacated.
(2) If the foreign judgment debtor, upon motion, shows the district court any ground upon which enforcement of a judgment of a district court of this state would be stayed, the court shall stay enforcement of the foreign judgment upon the posting of security in the kind and amount required to stay enforcement of a domestic judgment.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 3 - Utah Foreign Judgment Act › Section 305 - Lien.

78B-5-305.
Lien.
(1) A foreign judgment entered in a district court under this part becomes a lien as provided in Section 78B-5-202 if:
(a) a stay of execution has not been granted;
(b) the requirements of this chapter are satisfied; and
(c) the judgment is recorded in the office of the county recorder where the property of the judgment debtor is located, as provided in Section 78B-5-202.
(2) The lien becomes effective at the time and date of recording and expires eight years after date of entry by the court in the foreign jurisdiction unless renewed in Utah as required by Utah law.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 3 - Utah Foreign Judgment Act › Section 306 - Optional procedure.

78B-5-306.
Optional procedure.
This part may not be construed to impair a judgment creditor's right to bring an action in this state to enforce the creditor's judgment.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 3 - Utah Foreign Judgment Act › Section 307 - Uniformity of interpretation.

78B-5-307.
Uniformity of interpretation.
This part shall be construed to effectuate the general purpose to make uniform the law of those states which enact it.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 5 - Procedure and Evidence › Part 3a - Nonrecognition of Foreign Libel Judgments › Section 320 - Grounds for nonrecognition of libel judgments.

78B-5-320.
Grounds for nonrecognition of libel judgments.
A judgment obtained in a foreign jurisdiction may be considered nonrecognizable and unenforceable by the courts of this state if:
(1) the judgment was obtained in a jurisdiction outside the United States;
(2) the judgment resulted in a libel judgment for damages; and
(3) the court sitting in this state before which the matter is brought determines that the libel law applied in the foreign court's adjudication process did not provide at least as much protection for freedom of speech and press as would be provided by the United States Constitution and the Utah Constitution.
Enacted by Chapter 117, 2010 General Session