Title 78B, Title 78B: Judicial Code

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 Subsectionthat chooses to participate in the process that: (1) conducts …

78B-3-452. Notice of medical candor process. (1) If a health care provider wishes to engage an affected party in a medical candor process, the health care provider shall: provide a written notice described in Subsectionto the affected party within 365 days after the day on which …

78B-3-453. Nonparticipating health care providers -- Offer of compensation -- Payment. (1) If any communications, materials, or information in any form during a medical candor process involve a health care provider that was notified under Subsectionbut the health care provider is…

78B-3-454. Confidentiality and effect of medical candor process -- Recording of medical candor process -- Exception for deidentified information or data. (1) Except as provided in Subsections,, and, all communications, materials, and information in any form specifically created f…

78B-3-501. Definitions. As used in this part, "therapist" means: (1) a psychiatrist licensed to practice medicine under Section, Utah Medical Practice Act or under Section, Utah Osteopathic Medical Practice Act; 58-67-301 58-68-301 (2) a psychologist licensed to practice psycholo…

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 viole…

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 n…

78B-3-602. Definitions. As used in this part: (1) "Harm" means: 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; 78…

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 p…

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…

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: with documented training to locate persons who are: lost, missing, or injured; or trapped under debris as the result of a …

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: any person who steals or, without provocation, att…

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 t…

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, Controlled Substances, or Title 76, Chapter 18, Pa…

78B-3a-101. Definitions. As used in this chapter: (1) "Action" means a lawsuit or case that is commenced in a court. "Action" does not include a criminal action as defined in Section. 77-1-3 (2) "Business organization" means: an association; a corporation; an institution, as that…

78B-3a-102. Applicability of this chapter. (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…

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.

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…

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: the cause of action arises; or any defendant resides at the commencement of the action. (2) If …

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: for the recovery of real property or of an estate or interest in the pr…

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: the cause of action arises; or some part of the cause of action arises. (2) If a fine, penalty, or forfeit…

78B-3a-204. Actions against a county. (1) Except as otherwise provided in Subsection, a plaintiff shall bring an action against a county in the county. (2) (2) If the action is brought by another county, the county may bring the action in any county not a party to the action.

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…

78B-3a-206. Transitory actions. (1) Except for a transitory action under Subsection, 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) (2) A plaintiff shall bring a transitor…

78B-4-1001. Definitions. As used in this part, "governmental entity" means the same as that term is defined in Section.

78B-4-1002. Affirmative defense -- Reliance on governmental authorization -- Civil actions. (1) Except as provided in Subsectionor, a person has an affirmative defense in a civil action if: 78B-4-1002(2) 78B-4-1002(3)(c) the conduct, omission, or condition alleged to have caused …

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: has an insurance policy in effect …

78B-4-102. Liability protection for volunteers -- Exceptions. (1) Except as provided in Subsection, 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 organiza…

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…