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 […]
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 results from an act or omission of the donor that […]
78B-4-503. Immunity for transient shelters. (1) As used in this section, “transient shelter” means any person which provides shelter, food, clothing, or other products or services without consideration to indigent persons. (2) Except as provided in Subsection (3), all transient shelters, owners, operators, and employees of transient shelters, and persons who contribute products or services […]
78B-4-504. Donation of nonschedule drugs or devices — Liability limitation. (1) As used in this section: (a) “Administer” is as defined in Section 58-17b-102. (b) “Dispense” is as defined in Section 58-17b-102. (c) “Distribute” is as defined in Section 58-17b-102. (d) “Drug outlet” means: (i) a pharmacy or pharmaceutical facility as defined in Section 58-17b-102; […]
78B-4-505. Liability of reprocessor of single-use medical devices. (1) For purposes of this section: (a) “Critical single-use medical device” means a medical device that: (i) is marked as a single-use device by the original manufacturer; and (ii) is intended to directly contact normally sterile tissue or body spaces during use, or is physically connected to […]
78B-4-506. Limited immunity for architects and engineers inspecting earthquake damage. (1) A professional engineer licensed under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act, or an architect licensed under Title 58, Chapter 3a, Architects Licensing Act, who provides structural inspection services at the scene of a declared national, state, or local […]
78B-4-507. Amusement park rides — Park responsibilities — Rider responsibilities. (1) As used in this section: (a) (i) “Amusement park” means any permanent indoor or outdoor facility or park where amusement rides are available for use by the general public. (ii) “Amusement park” does not include a ski resort, a traveling show, carnival, or fair. […]
78B-4-508. Limitation on liability of hockey facilities. (1) As used in this section, “hockey facility” means a facility where hockey is customarily played or practiced and the general public is charged an admission fee to attend. (2) The owner or operator of a hockey facility is not liable for any injury to the person or […]
Effective 5/12/2020 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, condition, and potential for personal injury or property damage that is […]
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 affirmative defense to liability that: (a) the equipment or appliance which caused […]
78B-4-511. Regulation of firearms reserved to state — Lawsuits prohibited. (1) As prescribed by Section 76-10-500, all authority to regulate firearms is reserved to the state through the Legislature. (2) A person who lawfully designs, manufactures, markets, advertises, transports, or sells firearms or ammunition to the public may not be sued by the state or […]
Effective 5/12/2015 78B-4-512. Definitions — Participation in an agricultural tourism activity — Limitations on civil liability. (1) As used in this section: (a) “Agricultural tourism activity” means an educational or recreational activity that: (i) takes place on a farm or ranch or other commercial agricultural, aquacultural, horticultural, or forestry operation; and (ii) allows an individual […]
78B-4-513. Cause of action for defective construction. (1) Except as provided in Subsection (2), an action for defective design or construction is limited to breach of the contract, whether written or otherwise, including both express and implied warranties. (2) An action for defective design or construction may include damage to other property or physical personal […]
Effective 5/12/2015 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 declared by the governor of this state or by the chief […]
78B-4-515. Limitation on liability for greenhouse gases. (1) “Greenhouse gas” means water vapor, carbon dioxide, methane, nitrous oxide, ozone, and chlorofluorocarbons. (2) A person residing or doing business in this state may not be held liable for damage or injury to another arising out of any actual or potential effect on climate caused by contributions […]
Effective 5/14/2019 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 that reasonably indicates an individual is at risk of dying or […]
Effective 8/18/2020 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 Section 68-3-12.5. (c) “Premises” means real property and any […]
Affected by 63I-1-278 on 7/1/2025 Effective 5/4/2022 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 include an independent contractor as defined […]
