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[Utah Code Table of Contents]
[TITLE 78. Table of Contents]
78-11-1 Married woman.
A married woman may sue and be sued in the same manner
as if she were unmarried.
1953
78-11-2 Husband and wife sued together - Either may defend.
If husband and wife are sued together, the wife may defend
for her own right, and if either neglects to defend, the
other may defend for both.
1953
78-11-3 Deserted spouse.
When a husband has deserted his family, the wife may prosecute
or defend in his name any action which he might have prosecuted
or defended, and shall have the same powers and rights therein
as he might have, and, under like circumstances, the husband
shall have the same right.
1953
78-11-4 Seduction - Unmarried individual under 18 may sue.
An unmarried individual, under 18 years of age at the
time of seduction, may prosecute as plaintiff an action therefor,
and may recover therein such damages, actual or exemplary
as are assessed in favor of such individual.
1977
78-11-5 Seduction of child - Suit by parent or guardian.
A parent or guardian may prosecute as plaintiff an action
for the seduction of a child who, at the time of seduction,
is under the age of majority, though the child or the ward
is not living with or in the service of the plaintiff at
the time of the seduction or afterwards and there is no loss
of service.
1977
78-11-6 Injury or death of child - Suit by parent or guardian.
Except as provided in Title 34A, Chapter 2, Workers' Compensation
Act, a parent or guardian may maintain an action for the
death or injury of a minor child when the injury or death
is caused by the wrongful act or neglect of another. Any
civil action may be maintained against the person causing
the injury or death or, if the person is employed by another
person who is responsible for that person's conduct, also
against the employer. If a parent, stepparent, adoptive parent,
or legal guardian is the alleged defendant in an action for
the death or injury of a child, a guardian ad litem may be
appointed for the injured child or a child other than the
deceased child according to the procedures outlined in Section
78-7-9
.
2003
78-11-6.5 Definition of heir.
As used in Sections 78-11-7 , 78-11-8 , and 78-11-12 , "heirs" means:
(1) the following surviving persons:
(a) the decedent's spouse;
(b) the decedent's children as provided in Section 75-2-114 ;
(c) the decedent's natural parents, or if the decedent was adopted, then his adoptive parents;
(d) the decedent's stepchildren who:
(i) are in their minority at the time of decedent's death; and
(ii) are primarily financially dependent on the decedent.
(2) "Heirs" means any blood relative as provided by the
law of intestate succession if the decedent is not survived
by a person under Subsections (1)(a), (b), or (c).
1998
78-11-7 Death of adult - Suit by heir or personal representative.
Except as provided in Title 34A, Chapter 2, Workers' Compensation
Act, when the death of a person not a minor 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 action for damages against the person causing
the death, or, if such person is employed by another person
who is responsible for his conduct, then also against such
other person. If such adult person has a guardian at the
time of his death, only one action can be maintained for
the injury to or death of such person, and such action may
be brought by either the personal representatives of such
adult deceased person, for the benefit of his heirs, or by
such guardian for the benefit of the heirs as provided in
Section
78-11-6
. In every action under this and Section
78-11-6
such damages may be given as under all the
circumstances of the case may be just.
2003
78-11-8 Successive actions on same contract.
Successive actions may be maintained upon the same contract
or transaction whenever, after a former action, a new cause
of action arises therefrom.
1953
78-11-10 Actions against officers - Costs and attorneys' fees.
Before any action may be filed against any sheriff, constable,
peace officer, state road officer, or any other person charged
with the duty of enforcement of the criminal laws of this
state, or service of civil process, when such action arises
out of, or in the course of the performance of his duty,
or in any action upon the bond of any such officer, the proposed
plaintiff, as a condition precedent thereto, shall prepare
and file with, and at the time of filing the complaint in
any such action, a written undertaking with at least two
sufficient sureties in an amount to be fixed by the court,
conditioned upon the diligent prosecution of such action,
and, in the event judgment in the said cause shall be against
the plaintiff, for the payment to the defendant of all costs
and expenses that may be awarded against such plaintiff,
including a reasonable attorney's fee to be fixed by the
court. In any such action, the prevailing party therein shall,
in addition to an award of costs as otherwise provided, recover
from the losing party therein such sum as counsel fees as
shall be allowed by the court. The official bond of any such
officer shall be liable for any such costs and attorney fees.
1953
78-11-11 Submitting controversy without action.
Parties to a question in difference, which might be the
subject of a civil action, may without action agree upon
a case containing the facts upon which the controversy depends,
and present a submission of the same to any court which would
have jurisdiction if an action had been brought. But it must
appear by affidavit that the controversy is real, and that
the proceeding is in good faith, to determine the rights
of the parties. The court must thereupon hear and determine
the case and render judgment thereon as if an action were
pending.
1953
78-11-12 Survival of action for injury to person or death upon death of wrongdoer or injured person - Exception and restriction to out-of-pocket expenses.
(1) (a) Causes of action arising out of personal injury to the person or death caused by the wrongful act or negligence of another do not abate upon the death of the wrongdoer or the injured person. The injured person or the personal representatives or heirs of the person who died have a cause of action against the wrongdoer or the personal representatives of the wrongdoer for special and general damages, subject to Subsection (1)(b).
(b) If prior to judgment or settlement the injured person dies as a result of a cause other than the injury received as a result of the wrongful act or negligence of the wrongdoer, the personal representatives or heirs of that person have a cause of action against the wrongdoer or personal representatives of the wrongdoer only for special damages occurring prior to death that result from the injury caused by the wrongdoer, including income loss. "Special damages" does not include pain and suffering, loss of enjoyment of life, and other not readily quantifiable damages frequently referred to as general damages.
(2) Under Subsection (1) neither the injured person nor
the personal representatives or heirs of the person who died
may recover judgment except upon competent satisfactory evidence
other than the testimony of that injured person.
2001
78-11-13 Construction of statute.
This act shall not be construed to be retroactive.
1953
78-11-14 Shoplifting - Definitions.
As used in this act:
(1) "Minor" means any unmarried person under 18 years of age.
(2) "Merchandise" means any personal property displayed, held or offered for sale by a merchant.
(3) "Merchant" means an owner or operator of premises in which merchandise is displayed, held or offered for sale and includes his employees, servants and agents.
(4) "Premises" means a store or establishment wherein merchandise is displayed, held or offered for sale.
(5) "Wrongful taking of merchandise" means the taking
of merchandise that has not been purchased from a merchant's
premises without the permission of the merchant or one of
his employees, servants or agents.
1981
78-11-15 Civil liability of adult for shoplifting - Damages.
An adult who wrongfully takes merchandise by any means,
including but not limited to, concealment or attempted concealment
in any manner, either on or off the premises of the merchant,
with a purpose to deprive a merchant of merchandise or to
avoid payment for merchandise, or both, is liable in a civil
action, in addition to actual damages, for a penalty to the
merchant in the amount of the retail price of the merchandise
not to exceed $1,000, plus an additional penalty as determined
by the court of not less than $100 nor more than $500, plus
court costs and reasonable attorneys' fees.
1992
78-11-16 Joint liability of minor and parent or guardian for minor's shoplifting - Exception.
A minor and the parents or legal guardian having legal
custody of such minor, as the case may be, who wrongfully
takes merchandise by any means, including but not limited
to, concealment or attempted concealment in any manner, either
on or off the premises of the merchant, with a purpose to
deprive a merchant of merchandise or to avoid payment for
the merchandise, or both, are jointly and severally liable
in a civil action, in addition to actual damages, for a penalty
to the merchant in the amount of the retail price of the
merchandise not to exceed $500 plus an additional penalty
as determined by the court of not less than $50 nor more
than $500, plus court costs and reasonable attorneys' fees.
No parent or guardian is liable for damages under this section
if he or she made a reasonable effort to restrain the wrongful
taking and did not fail to report it to the merchant involved
or to the law enforcement agency having primary jurisdiction
after he or she knew of the minor's unlawful act. No report
is required under this section from a parent or guardian
if the minor was arrested or apprehended by a peace officer
or by anyone acting on behalf of the merchant involved.
1991
78-11-17 Merchant's right to request customer to hold merchandise in full view.
Any merchant may request any individual on his premises
to place or keep in full view any merchandise such individual
may have removed, or which the merchant has reason to believe
he may have removed, from its place of display or elsewhere,
whether for examination, purchase or for any other reasonable
purpose. No merchant shall be criminally or civilly liable
on account of having made such a request.
1975
78-11-18 Merchant's authority to detain.
Any merchant who has reason to believe that merchandise
has been wrongfully taken by an individual contrary to Section
78-11-15
or
78-11-16
and that he can recover such merchandise by
taking such individual into custody and detaining him may,
for the purpose of attempting to effect such recovery or
for the purpose of informing a peace officer of the circumstances
of such detention, take the individual into custody and detain
him in a reasonable manner and for a reasonable length of
time. Such taking into custody and detention by a merchant
or his employee shall not render such merchant or his employee
criminally or civilly liable for false arrest, false imprisonment,
slander or unlawful detention or for any other type of claim
or action unless the custody and detention are unreasonable
under all the circumstances.
1981
78-11-19 Criminal conviction for shoplifting not a prerequisite for civil action under chapter - Written notice required - Award of penalty not subject to requirement of compensatory or general damages.
(1) A conviction in a criminal action of shoplifting is not a condition precedent to a civil action authorized under Section 78-11-15 or 78-11-16 .
(2) (a) A merchant demanding payment of a penalty under Section 78-11-15 or 78-11-16 shall give written notice to the person or persons from whom the penalty is sought. The notice shall state:
"IMPORTANT NOTICE: The payment of any penalty demanded of you does not prevent criminal prosecution under a related criminal provision."
(b) This notice shall be boldly and conspicuously displayed, in at least the same size type as is used in the demand, and shall be sent with the demand for payment of the penalty described in Section 78-11-15 or 78-11-16 .
(3) The provision of Section
78-18-1
requiring that compensatory or general damages
be awarded in order to award punitive damages does not prohibit
an award of a penalty under Section
78-11-15
or
78-11-16
whether or not restitution has been paid to
the merchant either prior to or as part of a civil action
under Section
78-11-15
or
78-11-16
.
1991
78-11-20 Property damage caused by a minor - Liability of parent or legal guardian.
(1) The parent or legal guardian having legal custody of the minor is liable for damages sustained to property not to exceed $2,000 when:
(a) the minor intentionally damages, defaces, destroys, or takes the property of another;
(b) the minor recklessly or willfully shoots or propels a missile, or other object at or against a motor vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether moving or standing; or
(c) the minor intentionally and unlawfully tampers with the property of another and thereby recklessly endangers human life or recklessly causes or threatens a substantial interruption or impairment of any public utility service.
(2) For purposes of this section, Subsection (1)(a) or (c) includes graffiti, as defined in Section 76-6-107 .
(3) A court may waive part or all of the liability for damages by the parent or legal guardian if the offender is adjudicated in the juvenile court under Section 78-3a-118 only:
(a) upon a finding of good cause; or
(b) if the parent or legal guardian:
(i) made a reasonable effort to restrain the wrongful conduct; and
(ii) reported it to the property owner involved or the
law enforcement agency having primary jurisdiction after
he knew of the minor's unlawful act. No report is required
under this section from a parent or legal guardian if the
minor was arrested or apprehended by a peace officer or by
anyone acting on behalf of the property owner involved.
1997
78-11-20.5 Criminal conviction for criminal mischief or criminal trespass not a prerequisite for civil action under chapter.
A conviction for criminal mischief under Section
76-6-106
, criminal trespass under Section
76-6-206
, or an adjudication under Section
78-3a-118
is not a condition precedent to a civil action
authorized under Section
78-11-20
.
1997
78-11-20.7 Compensatory service - Graffiti penalties.
(1) If an offender uses graffiti and is convicted under Section 76-6-106 or 76-6-206 for its use, or adjudicated in the juvenile court under Section 78-3a-118 , the court may, as a condition of probation under Subsection 77-18-1 (8), in addition to the compensatory or general damage award imposed pursuant to Section 78-11-20 , order the offender to clean up graffiti of his own and any other at a time and place within the jurisdiction of the court.
(a) For a first conviction or adjudication, the court may require the offender to clean up graffiti for not less than eight hours.
(b) For a second conviction or adjudication, the court may require the offender to clean up graffiti for not less than 16 hours.
(c) For a third conviction or adjudication, the court may require the offender to clean up graffiti for not less than 24 hours.
(2) Any compensatory service of a person under the age of 18 years which is required, under this section, may be performed in the presence, and under the direct supervision, of the person's parent or legal guardian. The person's parent or legal guardian shall report completion of the order to the court.
(3) The offender convicted under Section 76-6-106 , 76-6-206 , or 76-6-107 or adjudicated under Section 78-3a-118 or his parent or legal guardian, if applicable, shall be responsible for removal costs as determined under Section 76-6-107 , unless waived by the court for good cause.
(4) The court may also require the offender to perform
other alternative forms of restitution or repair to the damaged
property pursuant to Subsection
77-18-1
(8).
1998
78-11-21 Property damage caused by minor - When parent or guardian not liable.
No parent or guardian shall be so liable if he or she
made a reasonable effort to supervise and direct their minor
child, or in the event the parent knew in advance of the
possible taking, injury or destruction by their minor child,
he or she made a reasonable effort to restrain it.
1977
78-11-22 Good Samaritan Act.
(1) A person who renders emergency care at or near the scene of, or during an emergency, gratuitously and in good faith, is not liable for any civil damages or penalties as a result of any act or omission by the person rendering the emergency care, unless the person is grossly negligent or caused the emergency. As used in this section, "emergency" means an unexpected occurrence involving injury, threat of injury, or illness to a person or the public, including motor vehicle accidents, disasters, actual or threatened discharges, removal, or disposal of hazardous materials, and other accidents or events of a similar nature. "Emergency care" includes actual assistance or advice offered to avoid, mitigate, or attempt to mitigate the effects of an emergency.
(2) A person who gratuitously, and in good faith, assists governmental agencies or political subdivisions in the activities described in Subsections (2)(a) through (c) is not liable for any civil damages or penalties as a result of any act or omission unless the person rendering assistance is grossly negligent in:
(a) implementing measures to control the causes of epidemic and communicable diseases and other conditions significantly affecting the public health, or necessary to protect the public health as set out in Title 26A, Chapter 1, Local Health Departments;
(b) investigating and controlling suspected bioterrorism and disease as set out in Title 26, Chapter 23b, Detection of Public Health Emergencies Act; and
(c) responding to a national, state, or local emergency, a public health emergency as defined in Section 26-23b-102 , or a declaration by the President of the United States or other federal official requesting public health-related activities.
(3) The immunity in Subsection (2) is in addition to any
immunity or protection in state or federal law that may apply.
2004
78-11-22.1 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 constitutes gross negligence, recklessness, or intentional misconduct.
(2) A nonprofit organization that distributes either directly
or indirectly apparently wholesome food to persons in need
at no charge and substantially complies with applicable local,
county, state, and federal laws and regulations regarding
the storage and handling of food for public distribution
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 organization that constitutes gross
negligence, recklessness, or intentional misconduct.
1989
78-11-22.2 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 ; or
(ii) a person with the authority to engage in the dispensing, delivering, manufacturing, or wholesaling of prescription drugs or devices outside of the state under the law of the jurisdiction in which the person operates.
(e) "Health care provider" means:
(i) a person who is a health care provider, as defined in Section 78-14-3 , with the authority under Title 58, Occupations and Professions, to prescribe, dispense, or administer prescription drugs or devices; or
(ii) a person outside of the state with the authority to prescribe, dispense, or administer prescription drugs or devices under the law of the jurisdiction in which the person practices.
(f) "Nonschedule drug or device" means:
(i) a prescription drug or device, as defined in Section 58-17b-102 , except that it does not include controlled substances, as defined in Section 58-37-2 ; or
(ii) a nonprescription drug, as defined in Section 58-17b-102 .
(g) "Prescription drug or device" is as defined in Section 58-17b-102 .
(2) A drug outlet is not subject to civil liability for an injury or death resulting from the defective condition of a nonschedule drug or device that the drug outlet distributes at no charge, in good faith, and for a charitable purpose to a drug outlet or health care provider for ultimate use by a needy person, provided that:
(a) the drug outlet complies with applicable state and federal laws regarding the storage, handling, and distribution of the nonschedule drug or device; and
(b) the injury or death is not the result of any act or omission of the drug outlet that constitutes gross negligence, recklessness, or intentional misconduct.
(3) A health care provider is not subject to civil liability for an injury or death resulting from the defective condition of a nonschedule drug or device that the health care provider distributes to a drug outlet or health care provider for ultimate use by a needy person or directly administers, dispenses, or distributes to a needy person, provided that:
(a) the health care provider complies with applicable state and federal laws regarding the storage, handling, distribution, dispensing, and administration of the nonschedule drug or device;
(b) the injury or death is not the result of any act or omission of the health care provider that constitutes gross negligence, recklessness, or intentional misconduct; and
(c) in the event that the health care provider directly administers, distributes, or dispenses the nonschedule drug or device to the needy person, the health care provider has retained a consent form signed by the needy person that explains the provisions of this section which extend liability protection for charitable donations of nonschedule drugs and devices.
(4) Nothing in this section may be construed as:
(a) permitting a person who is not authorized under Title 58, Occupations and Professions, to operate as a drug outlet or practice as a health care provider within the state; or
(b) extending liability protection to any person who acts
outside of the scope of authority granted to that person
under the laws of this state or the jurisdiction in which
the person operates or practices.
2004
78-11-23 Right to life - State policy.
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 of age,
development, condition or dependency, including all persons
with a disability and all unborn persons.
2001
78-11-24 Act or omission preventing abortion not actionable.
A cause of action shall not arise, and damages shall not
be awarded, on behalf of any person, based on the claim that
but for the act or omission of another, a person would not
have been permitted to have been born alive but would have
been aborted.
1983
78-11-25 Failure or refusal to prevent birth not a defense.
The failure or refusal of any person to prevent the live
birth of a person shall not be a defense in any action, and
shall not be considered in awarding damages or child support,
or imposing a penalty, in any action.
1983
78-11-26 Employer not to discharge or threaten employee for responding to subpoena - Criminal penalty - Civil action by employee.
(1) An employer may not deprive an employee of employment or threaten or otherwise coerce the employee regarding employment because the employee attends a deposition or hearing in response to a subpoena.
(2) Any employer who violates this section is guilty of criminal contempt and upon conviction may be fined not more than $500 or imprisoned not more than six months or both.
(3) If an employer violates this section, in addition
to any other remedy, the employee may bring a civil action
in district court for recovery of wages lost as a result
of the violation and for an order requiring the reinstatement
of the employee. Damages recoverable may not exceed lost
wages for six weeks. If the employee prevails, the employee
shall be allowed reasonable attorney fees.
1997
78-11-27 Defense to civil action for damages resulting from commission of crime.
(1) Any person who, with criminal intent, enters the property of another or commits a crime against the person or property of another may not recover any damages to his person or property except as required by a court order of restitution in a related criminal action, unless that person can prove by clear and convincing evidence that:
(a) his actions did not constitute a felony; and
(b) his culpability was less than the person from whom recovery is sought.
(2) The provisions of Subsection (1) shall apply to any next-of-kin or heirs of the person if the person is disabled or killed.
(3) Subsections (1) and (2) do not apply if the person committing or attempting to commit the crime has clearly retreated from the criminal activity.
(4) "Clearly retreated" means that the person committing
the criminal act has fully, clearly, and immediately ceased
all hostile, threatening, violent, or criminal behavior or
activity.
2002
78-11-28 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 a device intended to contact normally sterile tissue or body spaces during use.
(b) "Original manufacturer" means any person or entity who designs, manufactures, fabricates, assembles, or processes a critical single-use medical device which is new and has not been used in a previous medical procedure.
(c) "Reprocessor" includes a person or entity who performs the functions of contract sterilization, installation, relabeling, remanufacturing, repacking, or specification development of a reprocessed critical single-use medical device.
(d) "Reconditioned or reprocessed critical single-use medical device" means a critical single use medical device that:
(i) has previously been used on a patient and has been subject to additional processing and manufacturing for the purpose of additional use on a different patient;
(ii) includes a device that meets the definition under Subsection (1)(a), but has been labeled by the reprocessor as "recycled," "refurbished," or "reused"; and
(iii) does not include a disposable or critical single-use medical device that has been opened but not used on an individual.
(2) A reprocessor who reconditions or reprocesses a critical single-use medical device assumes the liability:
(a) of the original manufacturer of the critical single-use medical device; and
(b) for the safety and effectiveness of the reconditioned
or reprocessed critical single-use medical device.
2005
