Title 78B, Title 78B: Judicial Code

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 Subsectionunless the nonprofit organization had, or reasonably s…

78B-4-201. Definitions. As used in this part: (1) "Equine" means any member of the equidae family. (2) "Equine activity" means: equine shows, fairs, competitions, performances, racing, sales, or parades that involve any breeds of equines and any equine disciplines, including dres…

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 professi…

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 f…

78B-4-301. Title. This part is known as the "Commonsense Consumption Act."

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": means any raw, cooked, or processed edible substance, …

78B-4-303. Prevention of unfounded lawsuits -- Exemption. (1) Except as provided in Subsection, 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 aris…

78B-4-304. Pleading requirements. (1) In any action commenced under the provisions of Subsection, the complaint or petition shall state with particularity the following: 78B-4-303(2) the statute, rule, regulation, ordinance, or other law that was allegedly violated; the facts tha…

78B-4-305. Stay pending motion to dismiss. (1) In any action commenced under the provisions of Subsection, 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 disc…

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.

78B-4-401. Public policy. (1) The Legislature finds that: 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; few insurance carriers are willing to provide li…

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: changing weather conditions; snow or ice conditions as the snow or …

78B-4-403. Bar against claim or recovery from operator for injury from risks inherent in sport. Notwithstanding Sectionsthrough, a skier may not make any claim against, or recover from, a ski area operator for injury resulting from inherent risks of skiing.

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 ar…

78B-4-405. Liability agreements. (1) A skier may enter into an agreement with a ski area operator before an injury to: waive a claim that the skier is permitted to bring against a ski area operator; or release the ski area operator from a claim that the skier is permitted to brin…

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 n…

78B-4-501. Good Samaritan Law. (1) As used in this section: "Child" means an individual of such an age that a reasonable person would perceive the individual as unable to open the door of a locked motor vehicle, but in any case younger than 18 years of age. "Emergency" means an u…

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 resu…

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, all transient shelt…

78B-4-504. Donation of nonschedule drugs or devices -- Liability limitation. (1) As used in this section: "Administer" is as defined in Section. 58-17b-102 "Dispense" is as defined in Section. 58-17b-102 "Distribute" is as defined in Section. 58-17b-102 "Drug outlet" means: a pha…

78B-4-505. Liability of reprocessor of single-use medical devices. (1) For purposes of this section: "Critical single-use medical device" means a medical device that: is marked as a single-use device by the original manufacturer; and is intended to directly contact normally steri…

78B-4-506. Limited immunity for architects and engineers inspecting earthquake damage. (1) A professional engineer licensed under, or an architect licensed under, who provides structural inspection services at the scene of a declared national, state, or local emergency caused by …

78B-4-507. Amusement park rides -- Park responsibilities -- Rider responsibilities. (1) As used in this section: "Amusement park" means any permanent indoor or outdoor facility or park where amusement rides are available for use by the general public. "Amusement park" does not in…

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…

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: "Inherent risks" means any danger, conditio…

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 aff…

78B-4-511. Regulation of firearms reserved to state -- Lawsuits prohibited. (1) As prescribed by Section, all authority to regulate firearms is reserved to the state through the Legislature. 53-5a-102 (2) A person who lawfully designs, manufactures, markets, advertises, transport…

78B-4-512. Definitions -- Participation in an agritourism activity -- Limitations on civil liability -- Signage requirement. (1) As used in this section: "Agricultural enterprise" means a farm, ranch, or other agricultural, aquacultural, horticultural, or forestry operation. "Agr…

78B-4-513. Cause of action for defective construction. (1) As used in this section: "Condominium" means a single unit in a multiunit project together with an undivided interest in common in the common areas and facilities of the condominium building. "Condominium developer" means…

78B-4-514. Definitions -- Immunity for architects and engineers during emergencies. (1) As used in this section: "Architect" means a person licensed in accordance with. Title 58, Chapter 3a, Architects Licensing Act "Declared state of emergency" means a state of emergency declare…

78B-4-515. Limitation on liability for greenhouse gases. (1) As used in this section, "greenhouse gas" means any of the following, whether derived from human activity or a natural source: carbon dioxide; methane; nitrous oxide; sulfur hexafluoride; hydrofluorocarbons; perfluoroca…

78B-4-516. Immunity for providing assistance in a suicide emergency. (1) As used in this section: "Emergency care" means assistance or advice offered to avoid, mitigate, or attempt to mitigate the effects of a suicide emergency. "Suicide emergency" means an occurrence that reason…

78B-4-517. Immunity related to COVID-19. (1) As used in this section: "COVID-19" means: severe acute respiratory syndrome coronavirus 2; or the disease caused by severe acute respiratory syndrome coronavirus 2. "Person" means the same as that term is defined in Section. 68-3-12.5…

78B-4-518. Limitation on liability of employer for employee convicted of offense. (1) As used in this section: Except as provided in Subsection, "employee" means an individual whom an employer hired for compensation to perform services. (1)(a)(ii) "Employee" does not include an i…

78B-4-601. Title. This part is known as the "Successor Corporation Asbestos-Related Liability Act."

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: the health effects of exposure …

78B-4-603. Applicability. (1) The limitations in Sectionapply to a successor. 78B-4-604 (2) The limitations in Sectiondo not apply to: 78B-4-604 workers' compensation benefits paid by or on behalf of an employer to an employee under, and, or a comparable workers' compensation law…

78B-4-604. Measure of liabilities. (1) Except as further limited in Subsection, 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 consolidat…

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 Sectionthrough any method reasonable under the circumstances, including: 78B-4-604 by reference to t…

78B-4-606. Adjustment. (1) Subject to Subsectionsthrough, 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: (2) (4) the prime rate as listed in the first edition of the Wall Street Journal…

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 whic…

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 stan…

78B-4-702. Affirmative defense for a breach of system security. (1) A person that creates, maintains, and reasonably complies with a written cybersecurity program that meets the requirements of Subsection, and is in place at the time of a breach of system security of the person, …

78B-4-703. Components of a cybersecurity program eligible for an affirmative defense. (1) Subject to Subsection, a person's written cybersecurity program reasonably conforms to a recognized cybersecurity framework if the written cybersecurity program: (3) is designed to protect t…

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.

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…