Section 604 – Determination of causation — Compensation allowed.
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 evidence. (2) A claimant under this part shall be entitled to full compensation of the claimant’s radiological injuries […]
Section 702 – Damages recoverable for harm to or theft of service animal.
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: (a) any person who steals or, without provocation, attacks the service animal; and (b) the […]
Section 703 – Limitation on cause of action.
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 the: (1) theft of, or the […]
Section 801 – Cause of action for death or addiction caused by use or ingestion of illegal controlled substances — Damages.
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, Utah Controlled Substances Act. (2) A person is subject to a civil action by a person or an estate […]
Section 452 – Notice of medical candor process.
Effective 5/4/2022 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: (a) provide a written notice described in Subsection (2) to the affected party within 365 days after the day on which the health care provider […]
Section 453 – Nonparticipating health care providers — Offer of compensation — Payment.
Effective 5/4/2022 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 Subsection 78B-3-452(1)(b) but the health care provider is not participating in the medical candor process, a participating health […]
Section 454 – Confidentiality and effect of medical candor process — Recording of medical candor process — Exception for deidentified information or data.
Effective 5/4/2022 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 (2), (3), and (4), all communications, materials, and information in any form specifically created for or during a medical candor process, including the findings or conclusions […]
Section 502 – Limitation of therapist’s duty to warn.
Effective 9/1/2022 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 violence against a clearly identified or reasonably identifiable […]
Section 601 – Purpose.
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 nuclear incidents for which financial protection is not afforded under […]
Section 603 – Liability imposed and limitations — Defenses — Limitations on damages.
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 person, for harm from nuclear incidents arising in connection with or resulting […]