Title 78B, Judicial Code

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, cond…

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 53-5a-102, all authority to regulate firearms is reserved to the state through the Legislature. (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: (a) "Agricultural enterprise" means a farm, ranch, or other agricultural, aquacultural, horticultural, or forestry operation. …

78B-4-513. Cause of action for defective construction. (1) As used in this section: (a) "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. (b) "Condominium develope…

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…

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: (a) carbon dioxide; (b) methane; (c) nitrous oxide; (d) sulfur hexafluoride; (e) hydrofluoro…

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 tha…

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 S…

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 …

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: (a) the health effects of expos…

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' Compensati…

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 consol…

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…

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 Jo…

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 (4), and is in place at the time of a breach of system security of the pers…

78B-4-703. Components of a cybersecurity program eligible for an affirmative defense. (1) Subject to Subsection (3), a person's written cybersecurity program reasonably conforms to a recognized cybersecurity framework if the written cybersecurity program: (a) is designed to prote…

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…

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.

78B-4-801. Public policy. The Legislature finds that: (1) winter sports are practiced by a large number of residents of Utah and attracts a large number of nonresidents, significantly contributing to the economy of this state; (2) Utah has hosted the 2002 Olympic and Paralympic W…

78B-4-802. Definitions. As used in this part: (1) "Inherent risks of winter sports" means the dangers or conditions that are an integral part of recreational, competitive, or professional participation in winter sports, including: (a) changing weather conditions; (b) snow or ice …

78B-4-803. Bar against claim or recovery from operator for injury resulting from inherent risks of winter sports. Notwithstanding Sections 78B-5-817 through 78B-5-823, a winter sports participant may not make any claim against, or recover from, a winter sports area operator for i…

78B-4-804. Notice of inherent risks and limitations on liability. (1) A winter sports area operator shall provide notice to winter sports participants that there are inherent risks of participating in winter sports and that the winter sports area operator is not liable for those …

78B-4-805. Liability agreements. A winter sports participant may enter into an agreement with a winter sports area operator before an injury to: (1) waive a claim that the winter sports participant is permitted to bring against a winter sports area operator; or (2) release the wi…

78B-4-806. Limitation on damages. (1) Subject to adjustment under Subsection 63G-7-604(4), an action arising against a winter sports area operator for a claim not prohibited under this part, in which the winter sports participant, or a person authorized to bring a claim on behalf…

78B-4-901. Definitions. As used in this part: (1) "ADS-dedicated vehicle" means the same as that term is defined in Section 41-26-102.1. (2) "ADS-equipped vehicle" means the same as that term is defined in Section 41-26-102.1. (3) "Automated driving system" means the same as that…

78B-4-902. Limitation of award of noneconomic losses related to an automated driving system. (1) Subject to Subsections (2), (3), and (4), in an action relating to an ADS-equipped vehicle or an ADS-dedicated vehicle, the amount of the award for noneconomic losses, if any, may not…

78B-4-903. Driverless operation liability. (1)(a) This section applies only to an incident that occurred related to an ADS-dedicated vehicle or an ADS-equipped vehicle that is equipped with a level four ADS or level five ADS while the automated driving system is engaged and perfo…

78B-4-904. Limitation of causes of action against manufacturers and developers of automated driving systems. (1) A manufacturer or developer of a level four ADS or level five ADS is not subject to liability under a theory of negligence for personal injury, death, or property dama…

78B-5-1001. Definitions for part. Reserved.

78B-5-1002. Right to an appeal of an injunctive order. (1) As used in this section: (a) "Defendant" means a defendant in the civil action or a party affected by the injunctive order. (b) "Governmental entity" means the state, a county, a municipality, a special district, a specia…

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 i…

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.

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 addresse…

78B-5-201. Definitions -- Judgment recorded in Registry of Judgments. (1) As used in this part: (a) "Judgment" includes a civil judgment of restitution or a civil account receivable, as those terms are defined in Section 77-32b-102. (b) "Registry of Judgments" means the index whe…

78B-5-202. Duration of judgment -- Judgment as a lien upon real property -- Abstract of judgment -- Small claims judgment not a lien -- Appeal of judgment -- Child support orders. (1)(a) Judgments shall continue for eight years from the date of entry in a court unless previously …

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…

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 recovere…

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 …

78B-5-206. Mileage allowance for judgment debtor required to appear. (1) A judgment debtor legally required to appear before a district court, the Business and Chancery Court, or the Constitutional Court, to answer concerning the debtor's property is entitled, on a sufficient sho…

78B-5-301. Title. This part is known as the "Utah Foreign Judgment Act."

78B-5-302. Definition -- Filing of foreign judgments -- Postjudgment interest rate -- 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 fu…