Section 501 – Good Samaritan Law.
Effective 5/8/2018 78B-4-501. Good Samaritan Law. (1) As used in this section: (a) “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. (b) “Emergency” means an unexpected […]
Section 203 – Signs to be posted listing inherent risks and liability limitations.
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 for certain of those risks. (2) Notice shall be provided by: (a) […]
Section 303 – Prevention of unfounded lawsuits — Exemption.
78B-4-303. Prevention of unfounded lawsuits — Exemption. (1) Except as provided in Subsection (2), 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 arising under any state statute, rule, public policy, court or administrative decision, municipal […]
Section 304 – Pleading requirements.
78B-4-304. Pleading requirements. (1) In any action commenced under the provisions of Subsection 78B-4-303(2), the complaint or petition shall state with particularity the following: (a) the statute, rule, regulation, ordinance, or other law that was allegedly violated; (b) the facts that are alleged to constitute a material violation of the statute, rule, regulation, ordinance, or […]
Section 305 – Stay pending motion to dismiss.
78B-4-305. Stay pending motion to dismiss. (1) In any action commenced under the provisions of Subsection 78B-4-303(2), 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 discovery is necessary to preserve evidence or to prevent undue […]
Section 306 – Applicability.
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. Renumbered and Amended by Chapter 3, 2008 General Session
Section 401 – Public policy.
Effective 5/12/2020 78B-4-401. Public policy. (1) The Legislature finds that: (a) 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; (b) few insurance carriers are willing to provide liability insurance protection to ski area operators; […]
Section 403 – Bar against claim or recovery from operator for injury from risks inherent in sport.
Effective 5/12/2020 78B-4-403. Bar against claim or recovery from operator for injury from risks inherent in sport. Notwithstanding Sections 78B-5-817 through 78B-5-823, a skier may not make any claim against, or recover from, a ski area operator for injury resulting from inherent risks of skiing. Amended by Chapter 295, 2020 General Session
Section 102 – Liability protection for volunteers — Exceptions.
78B-4-102. Liability protection for volunteers — Exceptions. (1) Except as provided in Subsection (2), 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 organization and no volunteer incurs any personal financial liability for any tort claim or other […]
Section 103 – Liability protection for organizations.
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 Subsection 78B-4-102(1) unless the nonprofit organization had, or reasonably should have had, reasonable notice of the volunteer’s unfitness to provide services […]