Title 78B, Title 78B: Judicial Code

78B-2-223. Minority or disability prevents running of period. Sectionsandshall not apply to minors or others under any legal disability to sue at the time when the right of action first accrues. Sectionshall apply in those circumstances.

78B-2-224. Disabilities -- Time tolled. A statute of limitations may not be applied to a person's ability to bring an action during a period in which the person is: (1) a minor; or (2) mentally incompetent.

78B-2-225. Actions related to improvements in real property. (1) As used in this section: "Abandonment" means that there has been no design or construction activity on an improvement for a continuous period of at least one year. "Action" means any claim for judicial, arbitral, or…

78B-2-226. Boundary surveys. A person shall bring an action against a surveyor for acts, errors, or omissions in the performance of a boundary survey filed pursuant to Sectionwithin five years of the date of the filing.

78B-2-301. Within six months. An action may be brought within six months against a tax collector or the tax collector's designee: (1) to recover any goods, wares, merchandise, other property seized in his official capacity, or the price or value of any of it; (2) for damages for …

78B-2-302. Within one year. An action may be brought within one year: (1) for liability created by the statutes of a foreign state; (2) upon a statute for a penalty or forfeiture where the action is given to an individual, or to an individual and the state, except when the statut…

78B-2-303. One year -- Actions on claims against county, city, or town. Actions on claims against a county, city, or incorporated town, which have been rejected by the county executive, city commissioners, city council, or board of trustees shall be brought within one year after …

78B-2-304. Within two years. An action may be brought within two years: (1) against a marshal, sheriff, or other officer for liability incurred during the performance of the officer's official duties or by the omission of an official duty, including the nonpayment of money collec…

78B-2-305. Actions with a statute of limitations of three years -- Exceptions. (1) Except as otherwise provided in this Subsection, an action may only be brought within three years: (1) for waste, trespass upon, or injury to real property; for taking, detaining, or injuring perso…

78B-2-306. Action against corporate stockholders or directors. Actions against directors or stockholders of a corporation to recover a penalty or forfeiture imposed, or to enforce a liability created shall be brought within three years after the discovery by the aggrieved party o…

78B-2-307. Within four years. An action may be brought within four years: (1) after the last charge is made or the last payment is received: upon a contract, obligation, or liability not founded upon an instrument in writing; on an open store account for any goods, wares, or merc…

78B-2-307.5. Within two years. An action may be brought within two years upon a statute in, for a forfeiture or penalty to the state, if the violation occurred on or after May 10, 2016.

78B-2-308. Legislative findings -- Civil actions for sexual abuse of a child -- Window for revival of time barred claims. (1) The Legislature finds that: child sexual abuse is a crime that hurts the most vulnerable in our society and destroys lives; research over the last 30 year…

78B-2-309. Within six years -- Mesne profits of real property -- Instrument in writing -- Fire suppression. (1) An action may be brought within six years: for the mesne profits of real property; subject to Subsection, upon any contract, obligation, or liability founded upon an in…

78B-2-310. Actions against public officers -- Within six years. An action by the state, an agency, or a public corporation against a public officer for malfeasance, misfeasance, or nonfeasance in office or against a crime insurance policy in relation to the public officer's dutie…

78B-2-311. Eight years. An action may be brought within eight years upon the date of: (1) entry of a judgment or decree of any court of the United States, or of any state or territory within the United States; or (2) renewal of a judgment described in Subsectionaccording to the p…

78B-2-312. Action on mutual account -- When considered accrued. In an action brought to recover a balance due upon a mutual, open, and current account, where there have been reciprocal demands between the parties, the cause of action shall be considered to have accrued from the t…

78B-2-313. Action to recover deficiency after short sale. (1) As used in this section: "Deficiency" means the balance owed to a secured lender under a secured loan after completion of a short sale of the secured property. "Obligor" means the person or persons obligated to pay a s…

78B-2-314. Statute of limitations -- Permanent or continuing trespass -- Damages. In accordance with Section, an action for damage created by trespass shall be brought within three years of discovery of the last trespass incident which includes a permanent or continuing trespass …

78B-3-1001. Definitions. As used in this chapter: (1) "Commercial entity" includes corporations, limited liability companies, partnerships, limited partnerships, sole proprietorships, or other legally recognized entities. (2) "Commission" means the State Tax Commission described …

78B-3-1002. Age verification requirement -- 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 material harmful to mino…

78B-3-1003. Liability for publishers and distributors -- Liability of a parent or guardian for repeated offenses by a minor on school grounds. (1) A commercial entity that is found to have violated Sectionshall be liable to an individual for damages resulting from a minor's acces…

78B-3-1004. Enforcement powers of the division. (1) The division shall administer and enforce the provisions of this chapter, in accordance with Title 13, Chapter 2, Division of Consumer Protection. (2) The division may coordinate with the Office of the Attorney General and the I…

78B-3-1005. Rulemaking authority. In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules: (1) establishing standards and processes for determining whether a website contains a substantial portion of material harmful to minors, inc…

78B-3-1006. Safe harbor. A commercial entity is deemed in compliance with the age verification requirements of Sectionif the commercial entity uses an age verification method that meets the standards established by the division by rule under Section.

78B-3-1007. Minor Online Safety Restricted Account -- Creation -- Deposits into account -- Distribution. (1) There is created within the General Fund a restricted account known as the "Minor Online Safety Restricted Account." (2) The account consists of: deposits from the tax imp…

78B-3-1008. Severability. (1) If any provision of this chapter or the application of any provision to any person or circumstance is held invalid by a final decision of a court of competent jurisdiction, the remainder of this chapter shall be given effect without the invalid provi…

78B-3-101.1. Definitions for part. As used in this part: (1) "Defendant" means a person against which a civil action is brought. (2) "Plaintiff" means a person that brings a civil action. (3) "Third party" means a person other than the plaintiff. (4) "Traditional standing require…

78B-3-101.3. Requirements for a private right of action -- Findings. (1) The Legislature finds that: the traditional standing requirement in a private right of action is important to ensure that a plaintiff has a personal stake in the outcome of the action; the traditional standi…

78B-3-101.5. Husband and wife -- Actions -- Defense -- Absent spouse. (1) If a husband and wife are sued jointly, either or both may defend in each one's own right or for both parties. (2) Either party to a marriage may sue and be sued in the same manner as if the person is unmar…

78B-3-102. Injury of a child -- Suit by parent or guardian. (1) Except as provided in, a parent or guardian may bring an action for the injury of a minor child when the injury is caused by the wrongful act or neglect of another. Title 34A, Chapter 2, Workers' Compensation Act (2)…

78B-3-103. Successive actions on same contract. Successive actions may be maintained upon the same contract or transaction if, after a former action, a new cause of action arises from it.

78B-3-104. Actions against officers -- Bond required -- Costs and attorney fees. (1) A person may not file an action against a law enforcement officer acting within the scope of the officer's official duties unless the person has posted a bond in an amount determined by the court…

78B-3-105. Definition of heirs. As used in Sectionsand, "heirs" means the following surviving persons: (1) the decedent's spouse; (2) the decedent's children as provided in Section; 75-2-114 (3) the decedent's natural parents; or if the decedent was adopted, the decedent's adopti…

78B-3-106. Death of a person -- Suit by heir or personal representative. (1) Except as provided in, when the death of a person is caused by the wrongful act or neglect of another, his heirs, or his personal representatives for the benefit of his heirs, may maintain an action for …

78B-3-106.5. Claims brought by presumptive personal representative. (1) "Presumptive personal representative" means: the spouse of the decedent not alleged to have contributed to the death of the decedent; if no spouse exists, the spouse of the decedent is incapacitated, or if th…

78B-3-107. Survival of action for injury or death to individual, upon death of wrongdoer or injured individual -- Exception and restriction to out-of-pocket expenses. (1) A cause of action arising out of personal injury to an individual, or death caused by the wrongful act or neg…

78B-3-108. Shoplifting -- Merchant's rights -- Civil liability for shoplifting by adult or minor -- Criminal conviction not a prerequisite for civil liability -- Written notice required for penalty demand. (1) As used in this section: "Merchandise" has the same meaning as provide…

78B-3-109. Right to life -- State policy -- Act or omission preventing abortion not actionable -- Failure or refusal to prevent birth not a defense. (1) The Legislature finds and declares that it is the public policy of this state to encourage all persons to respect the right to …

78B-3-110. Defense to civil action for damages resulting from commission of crime. (1) A person may not recover from the victim of a crime for personal injury or property damage if: the person entered the property of the victim or the victim's family with criminal intent and the …

78B-3-1101. Definitions. As used in this part: (1) "Account holder" means the same as that term is defined in Section. 13-71-101 (2) "Adverse mental health outcome" means a condition affecting a minor's mental health that is: diagnosable by a licensed mental health care provider;…

78B-3-1102. Legislative findings. The Legislature finds that: (1) social media services utilize curation algorithms and engagement driven design elements to maximize user engagement; (2) minors are particularly vulnerable to manipulation by the use of curation algorithms and enga…

78B-3-1103. Private right of action. (1) A Utah minor account holder or a Utah minor account holder's parent may bring a cause of action against a social media company in court for an adverse mental health outcome arising, in whole or in part, from the minor's excessive use of th…

78B-3-1104. Affirmative defense. (1) A person is not entitled to the rebuttable presumption described in Subsection, and a social media company is entitled to the rebuttable presumption described in Subsection, if the social media company demonstrates to the court that the social…

78B-3-1105. Waiver prohibited. A waiver or limitation, or a purported waiver or limitation, of any of the following is void as unlawful, is against public policy, and a court or arbitrator may not enforce or give effect to the waiver, notwithstanding any contract or choice-of-law…

78B-3-1106. Severability. (1) If any provision of this chapter or the application of any provision to any person or circumstance is held invalid by a final decision of a court of competent jurisdiction, the remainder of this chapter shall be given effect without the invalid provi…