53-5d-103. Limitations on liability -- Requirements -- Dismissal.
(1) A person may not assert a claim, including a qualified civil liability action, against a manufacturer or seller of a qualified product, or a trade association, unless the claim: is based on an exception described in Subsection; and 53-5d-102(8)(c) pleads with particularity the factual allegations providing the basis for the application of the exception described in Subsection, including the factual allegations necessary to establish: (1)(a) the defendant's culpable mental state; and that the defendant was the proximate cause of the damages alleged in the claim.
(2) A court shall construe an exception described in Subsection: 53-5d-102(8)(c) to limit the scope of a permissible claim, if there is a conflict between an exception and state statutory or common law; and in harmony with other exceptions described in Subsection. 53-5d-102(8)(c)
(3) A court shall dismiss a claim brought against a manufacturer, seller, or trade association unless the claim: alleges an exception described in Subsection; and 53-5d-102(8)(c) complies with the requirements described in Subsection. (1)
(4) A defendant who prevails in a motion to dismiss a claim under Subsectionis entitled to reasonable attorney fees and court costs. (3) A defendant may appeal an interlocutory order of a court that denies the defendant's motion to dismiss a claim under Subsection. (3)
(5) A foreign nation may not assert an exception described in Subsection. 53-5d-102(8)