78B-3-101. 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 unmarried. […]
Effective 5/13/2014 78B-3-102. Injury of a child — Suit by parent or guardian. (1) Except as provided in Title 34A, Chapter 2, Workers’ Compensation Act, 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. (2) A […]
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. Renumbered and Amended by Chapter 3, 2008 General Session
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. (2) The bond shall cover all estimated […]
Effective 5/4/2022 78B-3-105. Definition of heirs. As used in Sections 78B-3-106 and 78B-3-107, “heirs” means the following surviving persons: (1) the decedent’s spouse; (2) the decedent’s children as provided in Section 75-2-114; (3) (a) the decedent’s natural parents; or (b) if the decedent was adopted, the decedent’s adoptive parents; (4) the decedent’s stepchildren who: (a) […]
78B-3-106. Death of a person — Suit by heir or personal representative. (1) Except as provided in Title 34A, Chapter 2, Workers’ Compensation Act, 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 […]
Effective 5/4/2022 78B-3-106.5. Claims brought by presumptive personal representative. (1) “Presumptive personal representative” means: (a) the spouse of the decedent not alleged to have contributed to the death of the decedent; (b) if no spouse exists, the spouse of the decedent is incapacitated, or if the spouse of the decedent is alleged to have contributed […]
Effective 5/14/2019 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) A cause of action arising out of personal injury to an individual, or death caused by the wrongful act or negligence of a wrongdoer, does not abate […]
Effective 5/4/2022 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: (a) “Merchandise” has the same meaning as provided in Section 76-6-601. (b) “Merchant” has the same meaning […]
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 life of all other persons, regardless […]
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: (a) the person entered the property of the victim or the victim’s family with criminal intent and the injury or damage was inflicted by […]
Effective 5/5/2021 78B-3-111. Cause of action against attorney or law firm for referral fee — Exceptions. (1) As used in this section: (a) “Attorney” means an individual who is authorized to provide legal services in any state or territory of the United States. (b) “Client” means an individual who is provided legal services by an […]
