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[Utah Code Table of Contents]
[TITLE 78. Table of Contents]
78-27-1 Tender - Offer in writing sufficient.
An offer in writing to pay a particular sum of money or
to deliver a written instrument or specific personal property
is, if not accepted, equivalent to the actual production
and tender of the money, instrument or property.
1953
78-27-2 Receipt may be demanded as condition to payment or deposit.
Whoever pays money, or delivers an instrument or property,
is entitled to a receipt therefor from the person to whom
the payment or delivery is made, and may demand a proper
signature to such receipt as a condition of the payment or
delivery.
1953
78-27-3 Objection to tender - Must be specified or deemed waived.
The person to whom a tender is made must, at the time,
specify any objection he may have to the money, instrument
or property, or he is deemed to have waived it; and, if the
objection is to the amount of money, the terms of the instrument
or the amount or kind of property, he must specify the amounts,
terms or kind which he requires, or be precluded from objection
afterwards.
1953
78-27-4 Money deposited in court.
(1) (a) Any person depositing money in court, to be held in trust, shall pay it to the court clerk.
(b) The clerk shall deposit the money in a court trust fund or with the county treasurer or city recorder to be held subject to the order of the court.
(2) The Judicial Council shall adopt rules governing the maintenance of court trust funds and the disposition of interest earnings on those trust funds.
(3) (a) Any interest earned on trust funds in the courts of record that is not required to accrue to the litigants by Judicial Council rule or court order shall be deposited in a restricted account. Any interest earned on trust funds in the courts not of record that is not required to accrue to the litigants by Judicial Council rule or court order shall be deposited in the general fund of the county or municipality.
(b) The Legislature shall appropriate funds from the restricted account of the courts of record to the Judicial Council to:
(i) offset costs to the courts for collection and maintenance of court trust funds; and
(ii) provide accounting and auditing of all court revenue
and trust accounts.
2002
78-27-12 State, state officers and political subdivisions not required to give bond.
In any civil action or proceeding wherein the state is
a party plaintiff, or any state officer in his official capacity
or on behalf of the state, or any county or city or other
public corporation is a party plaintiff or defendant, no
bond, written undertaking, or security can be required of
the state, or any such officer thereof, or of any county
or city or other public corporation; but on complying with
the other provisions of this code, the state, or any state
officer acting in his official capacity, or any county or
city or other public corporation, has the same rights, remedies
and benefits as if the bond, undertaking or security were
given and approved as required by law.
1953
78-27-13 Payment of costs by state.
When a state is a party and costs are awarded against
it, they must be paid out of the state treasury, and the
auditor shall draw his warrant therefor on the General Fund.
1953
78-27-14 Payment of costs by county.
When a county is a party and costs are awarded against
it, they must be paid out of the county treasury.
1953
78-27-15 Salaries of public officers subject to garnishment.
The state of Utah, any county, city, town, district, board
of education or other subdivision of the state, and any officer,
board or institution, having in its possession or under its
control any credits or other personal property of, or owing
any debt to, the defendant in any action, whether as salary
or wages, as a public official or employee, or otherwise,
shall be subject to attachment, garnishment, and execution
under such rights, remedies, and procedure as are or may
be made applicable to attachment, garnishment, and execution,
respectively, in other cases, except as provided in Section
78-27-16
.
1995
78-27-16 Service of process.
The process shall be served only upon the auditor of the
legal subdivision garnished, and, in case there is no auditor,
then on the clerk of the county, city, town, district, board
of education, or other subdivisions of the state, or board
or institution, and the answer of such auditor or clerk shall
be final and conclusive.
1953
78-27-17 Sureties on stay bonds entitled to subrogation.
Whenever any surety on an undertaking on appeal executed
to stay proceedings upon a money judgment pays the judgment,
either with or without action, after its affirmance by the
appellate court, he is subrogated to the rights of the judgment
creditor, and is entitled to control, enforce and satisfy
such judgment in all respects as if he had recovered the
same.
1953
78-27-18 Provisions as to depositions made applicable to nonjudicial proceedings.
The provisions of law relating to the taking of depositions
in actions pending before the courts of this state are applicable
to commissions, boards and officers authorized to subpoena
witnesses and take testimony, the necessary substitutions
and changes being made.
1953
78-27-20 Sworn certificate of nonresident doing business here.
Every nonresident person other than insurance organizations
doing business in this state in one or more places, either
in his own name or a common trade name, and said businesses
are conducted under the supervision of a manager, superintendent,
or agent, shall file or cause to be filed annually, on or
before January 15th, with the Division of Corporations and
Commercial Code, a certificate under oath setting forth the
name of and address of the manager, superintendent, or agent
upon whom service of process may be had in any action arising
out of the conduct of such business.
1984
78-27-21 Effect of failure to file certificate - Service of process upon nonresident.
Whenever any such nonresident doing business as provided
in Section
78-27-20
shall fail to file such certificate, or such
manager, superintendent, or agent designated in such certificate
cannot be found within the state of Utah, service of process
upon such nonresident in any action arising out of the conduct
of his business may be made by serving any person employed
by or acting as agent for such nonresident.
1995
78-27-22 Jurisdiction over nonresidents - Purpose of provision.
It is declared, as a matter of legislative determination, that the public interest demands the state provide its citizens with an effective means of redress against nonresident persons, who, through certain significant minimal contacts with this state, incur obligations to citizens entitled to the state's protection. This legislative action is deemed necessary because of technological progress which has substantially increased the flow of commerce between the several states resulting in increased interaction between persons of this state and persons of other states.
The provisions of this act, to ensure maximum protection
to citizens of this state, should be applied so as to assert
jurisdiction over nonresident defendants to the fullest extent
permitted by the due process clause of the Fourteenth Amendment
to the United States Constitution.
1969
78-27-23 Jurisdiction over nonresidents - Definitions.
As used in this act:
(1) The words "any person" mean any individual, firm, company, association, or corporation.
(2) The words "transaction of business within this state"
mean activities of a nonresident person, his agents, or representatives
in this state which affect persons or businesses within the
state of Utah.
1969
78-27-24 Jurisdiction over nonresidents - Acts submitting person to jurisdiction.
Any person, notwithstanding Section 16-10a-1501 , whether or not a citizen or resident of this state, who in person or through an agent does any of the following enumerated acts, submits himself, and if an individual, his personal representative, to the jurisdiction of the courts of this state as to any claim arising out of or related to:
(1) the transaction of any business within this state;
(2) contracting to supply services or goods in this state;
(3) the causing of any injury within this state whether tortious or by breach of warranty;
(4) the ownership, use, or possession of any real estate situated in this state;
(5) contracting to insure any person, property, or risk located within this state at the time of contracting;
(6) with respect to actions of divorce, separate maintenance, or child support, having resided, in the marital relationship, within this state notwithstanding subsequent departure from the state; or the commission in this state of the act giving rise to the claim, so long as that act is not a mere omission, failure to act, or occurrence over which the defendant had no control; or
(7) the commission of sexual intercourse within this state
which gives rise to a paternity suit under Title 78, Chapter
45a, to determine paternity for the purpose of establishing
responsibility for child support.
1998
78-27-25 Jurisdiction over nonresidents - Service of process.
Service of process on any party outside the state may be made pursuant to the applicable provisions of Rule 4 of the Utah Rules of Civil Procedure.
Service of summons and of a copy of the complaint, if any, may also be made upon any person located without this state by any individual over 21 years of age, not a party to the action, with the same force and effect as though the summons had been personally served within this state. No order of court is required. An affidavit of the server shall be filed with the court stating the time, manner and place of service. The court may consider the affidavit, or any other competent proofs, in determining whether proper service has been made.
Nothing contained in this act shall be construed to limit
or affect the right to serve process in any other manner
provided by law.
1969
78-27-26 Jurisdiction over nonresidents - Only claims arising from enumerated acts may be asserted.
Only claims arising from acts enumerated herein may be
asserted against a defendant in an action in which jurisdiction
over him is based upon this act.
1969
78-27-27 Jurisdiction over nonresidents - Default judgments.
No default shall be entered until the expiration of at
least thirty days after service. A default judgment rendered
on service may be set aside only on a showing which would
be timely and sufficient to set aside a default judgment
rendered on personal service within this state.
1969
78-27-28 Jurisdiction over nonresidents - When exercisable.
Subject to the applicable statute of limitations, jurisdiction
established under this act shall be exercised regardless
of when the claim arose.
1969
78-27-32 Release or settlement of personal injury claim - When voidable.
(1) Any release of liability or settlement agreement entered into within a period of fifteen days from the date of an occurrence causing physical injury to any person, or entered into prior to the initial discharge of this person from any hospital or sanitarium in which the injured person is confined as a result of the injuries sustained in the occurrence, is voidable by the injured person, as provided in this act.
(2) Notice of cancellation of the release or settlement agreement, together with any payment or other consideration received in connection with this release or agreement shall be mailed or delivered to the party to whom the release or settlement agreement was given, by the later of the following dates:
(a) within fifteen days from the date of the occurrence causing the injuries which are subject of the settlement agreement or liability release; or
(b) within fifteen days after the date of the injured
person's discharge from the hospital or sanitarium in which
this person has been confined continuously since the date
of the occurrence causing the injury.
1973
78-27-33 Statement of injured person - When inadmissible as evidence.
Except as otherwise provided in this act, any statement, either written or oral, obtained from an injured person within 15 days of an occurrence or while this person is confined in a hospital or sanitarium as a result of injuries sustained in the occurrence, and which statement is obtained by a person whose interest is adverse or may become adverse to the injured person, except a peace officer, shall not be admissible as evidence in any civil proceeding brought by or against the injured person for damages sustained as a result of the occurrence, unless:
(1) a written verbatim copy of the statement has been left with the injured party at the time the statement was taken; and
(2) the statement has not been disavowed in writing within
fifteen days of the date of the statement or within fifteen
days after the date of the injured person's initial discharge
from the hospital or sanitarium in which the person has been
confined, whichever date is later.
1998
78-27-34 Release, settlement or statement by injured person - When rescission or disavowal provisions inapplicable.
This act shall not apply in the following circumstances:
If at least five days prior to signing the settlement
agreement, liability release, or statement, the injured person
has signed a statement in writing indicating his willingness
that the settlement agreement, liability release, or statement
be given or signed.
1992
78-27-35 Release, settlement, or statement by injured person - Notice of rescission or disavowal.
Notice of cancellation or notice disavowing a statement,
if given by mail, is given when it is deposited in a mailbox,
properly addressed with postage prepaid. Notice of cancellation
given by the injured person need not take a particular form
and is sufficient if it indicates by any form of written
expression the intention of the injured person not to be
bound by the settlement agreement, liability release, or
disavowed statement.
1973
78-27-36 Right of rescission or disavowal of release, settlement, or statement by injured person in addition to other provisions.
The rights provided by this act are intended to be in
addition to, and not in lieu of, any rights of rescission,
rules of evidence, or provisions otherwise existing in the
law.
1973
78-27-37 Definitions.
As used in Section 78-27-37 through Section 78-27-43 :
(1) "Defendant" means a person, other than a person immune from suit as defined in Subsection (3), who is claimed to be liable because of fault to any person seeking recovery.
(2) "Fault" means any actionable breach of legal duty, act, or omission proximately causing or contributing to injury or damages sustained by a person seeking recovery, including negligence in all its degrees, comparative negligence, assumption of risk, strict liability, breach of express or implied warranty of a product, products liability, and misuse, modification, or abuse of a product.
(3) "Person immune from suit" means:
(a) an employer immune from suit under Title 34A, Chapter 2, Workers' Compensation Act, or Chapter 3, Utah Occupational Disease Act; and
(b) a governmental entity or governmental employee immune from suit pursuant to Title 63, Chapter 30d, Governmental Immunity Act of Utah.
(4) "Person seeking recovery" means any person seeking
damages or reimbursement on its own behalf, or on behalf
of another for whom it is authorized to act as legal representative.
2005
78-27-38 Comparative negligence.
(1) The fault of a person seeking recovery may not alone bar recovery by that person.
(2) A person seeking recovery may recover from any defendant or group of defendants whose fault, combined with the fault of persons immune from suit and nonparties to whom fault is allocated, exceeds the fault of the person seeking recovery prior to any reallocation of fault made under Subsection 78-27-39 (2).
(3) No defendant is liable to any person seeking recovery for any amount in excess of the proportion of fault attributed to that defendant under Section 78-27-39 .
(4) (a) The fact finder may, and when requested by a party shall, allocate the percentage or proportion of fault attributable to each person seeking recovery, to each defendant, to any person immune from suit, and to any other person identified under Subsection 78-27-41 (4) for whom there is a factual and legal basis to allocate fault. In the case of a motor vehicle accident involving an unidentified motor vehicle, the existence of the vehicle shall be proven by clear and convincing evidence which may consist solely of one person's testimony.
(b) Any fault allocated to a person immune from suit is
considered only to accurately determine the fault of the
person seeking recovery and a defendant and may not subject
the person immune from suit to any liability, based on the
allocation of fault, in this or any other action.
2005
78-27-39 Separate special verdicts on total damages and proportion of fault.
(1) The trial court may, and when requested by any party shall, direct the jury, if any, to find separate special verdicts determining the total amount of damages sustained and the percentage or proportion of fault attributable to each person seeking recovery, to each defendant, to any person immune from suit, and to any other person identified under Subsection 78-27-41 (4) for whom there is a factual and legal basis to allocate fault.
(2) (a) If the combined percentage or proportion of fault attributed to all persons immune from suit is less than 40%, the trial court shall reduce that percentage or proportion of fault to zero and reallocate that percentage or proportion of fault to the other parties and those identified under Subsection 78-27-41 (4) for whom there is a factual and legal basis to allocate fault in proportion to the percentage or proportion of fault initially attributed to each by the fact finder. After this reallocation, cumulative fault shall equal 100% with the persons immune from suit being allocated no fault.
(b) If the combined percentage or proportion of fault attributed to all persons immune from suit is 40% or more, that percentage or proportion of fault attributed to persons immune from suit may not be reduced under Subsection (2)(a).
(c) (i) The jury may not be advised of the effect of any reallocation under Subsection (2).
(ii) The jury may be advised that fault attributed to persons immune from suit may reduce the award of the person seeking recovery.
(3) A person immune from suit may not be held liable,
based on the allocation of fault, in this or any other action.
2005
78-27-40 Amount of liability limited to proportion of fault - No contribution.
(1) Subject to Section 78-27-38 , the maximum amount for which a defendant may be liable to any person seeking recovery is that percentage or proportion of the damages equivalent to the percentage or proportion of fault attributed to that defendant.
(2) A defendant is not entitled to contribution from any other person.
(3) A defendant or person seeking recovery may not bring
a civil action against any person immune from suit to recover
damages resulting from the allocation of fault under Section
78-27-38
.
1994
78-27-41 Joinder of defendants.
(1) A person seeking recovery, or any defendant who is a party to the litigation, may join as a defendant, in accordance with the Utah Rules of Civil Procedure, any person other than a person immune from suit alleged to have caused or contributed to the injury or damage for which recovery is sought, for the purpose of having determined their respective proportions of fault.
(2) A person immune from suit may not be named as a defendant, but fault may be allocated to a person immune from suit solely for the purpose of accurately determining the fault of the person seeking recovery and all defendants. A person immune from suit is not subject to any liability, based on the allocation of fault, in this or any other action.
(3) (a) A person immune from suit may intervene as a party under Rule 24, Utah Rules of Civil Procedure, regardless of whether or not money damages are sought.
(b) A person immune from suit who intervenes in an action may not be held liable for any fault allocated to that person under Section 78-27-38 .
(4) Fault may not be allocated to a non-party unless a
party timely files a description of the factual and legal
basis on which fault can be allocated and information identifying
the non-party, to the extent known or reasonably available
to the party, including name, address, telephone number and
employer. The party shall file the description and identifying
information in accordance with Rule 9, Utah Rules of Civil
Procedure or as ordered by the court but in no event later
than 90 days before trial as provided in Rule 9, Utah Rules
of Civil Procedure.
2005
78-27-42 Release to one defendant does not discharge other defendants.
A release given by a person seeking recovery to one or
more defendants does not discharge any other defendant unless
the release so provides.
1986
78-27-43 Effect on immunity, exclusive remedy, indemnity, contribution.
Nothing in Sections
78-27-37
through
78-27-42
affects or impairs any common law or statutory
immunity from liability, including, but not limited to, governmental
immunity as provided in Title 63, Chapter 30d, and the exclusive
remedy provisions of Title 34A, Chapter 2, Workers' Compensation
Act. Nothing in Sections
78-27-37
through
78-27-42
affects or impairs any right to indemnity or
contribution arising from statute, contract, or agreement.
2005
78-27-44 Personal injury judgments - Interest authorized.
(1) In all actions brought to recover damages for personal injuries sustained by any person, resulting from or occasioned by the tort of any other person, corporation, association, or partnership, whether by negligence or willful intent of that other person, corporation, association, or partnership, and whether that injury shall have resulted fatally or otherwise, the plaintiff in the complaint may claim interest on the special damages actually incurred from the date of the occurrence of the act giving rise to the cause of action.
(2) It is the duty of the court, in entering judgment for plaintiff in that action, to add to the amount of special damages actually incurred that are assessed by the verdict of the jury, or found by the court, interest on that amount calculated at the legal rate, as defined in Section 15-1-1 , from the date of the occurrence of the act giving rise to the cause of action to the date of entering the judgment, and to include it in that judgment.
(3) As used in this section, "special damages actually
incurred" does not include damages for future medical expenses,
loss of future wages, or loss of future earning capacity.
1991
78-27-45 Financial information privacy - Written consent or court order for disclosure by financial institution - Exception.
(1) As used in Sections 78-27-45 through 78-27-50.5 :
(a) "Financial institution" means:
(i) a financial institution as defined in Section 7-1-103 ; or
(ii) a depository institution as defined in Section 7-1-103 .
(b) "Governmental entity" means:
(i) the state, including all departments, institutions, boards, divisions, bureaus, offices, commissions, committees, and elected officials; and
(ii) any political subdivision of the state, including any county, city, town, school district, public transit district, redevelopment agency, special improvement, or taxing district.
(c) "Nonprotected record" means a record maintained by the financial institution to facilitate the conduct of its business regarding a person or account, including:
(i) the existence of an account;
(ii) the opening and closing dates of an account;
(iii) the name under which an account is held; and
(iv) the name, address, and telephone number of an account holder.
(d) "Protected record" means a record not defined as a nonprotected record; and
(e) "Record" means information that is:
(i) prepared, owned, received, or retained by a financial institution;
(ii) (A) inscribed on a tangible medium; or
(B) stored in an electronic or other medium; and
(iii) retrievable in perceivable form.
(2) Except as provided in Section 78-27-50 , an individual acting in behalf of a governmental entity may not request, obtain by subpoena, or otherwise obtain information from a state or federally chartered financial institution that constitutes a record reflecting the financial condition of any person without first obtaining:
(a) written permission from the person that is named or referenced in the record to be examined; or
(b) an order from a court of competent jurisdiction permitting access to the record.
(3) This section does not apply to:
(a) a review made by the commissioner of financial institutions to determine whether a financial institution is operating in accordance with law; or
(b) a report filed as required by Section
76-10-1906
.
1999
78-27-46 Financial information privacy - Notice to person about whom information sought.
(1) (a) If a court order is obtained pursuant to Section 78-27-45 , the governmental entity that obtained the order shall notify the person about whom information is sought that a court order has been obtained:
(i) within three days of the day on which service of the order is made upon the financial institution; and
(ii) no later than seven days before the day fixed in the order as the day upon which the records are to be produced or examined.
(b) The notice required by Subsection (1)(a) shall be accompanied by:
(i) a copy of the order that has been served upon the financial institution;
(ii) a copy of the motion or application upon which the order is based; and
(iii) a statement setting forth the rights of the person under Section 78-27-47 .
(2) (a) The notice shall be sufficient if, on or before the third day after issuance of the order, notice is:
(i) served in the manner provided in Rule 4(e), Utah Rules of Civil Procedure, upon the person entitled to notice; or
(ii) mailed by certified or registered mail to the last-known address of the person entitled to notice.
(b) Notwithstanding Subsection (2)(a), if the person entitled
to notice is deceased or under legal disability, notice shall
be served upon or mailed to the last-known address of that
person's executor, administrator, guardian, or other fiduciary.
1999
78-27-47 Financial information privacy - Intervention to challenge or stay order - Burden on governmental entity.
(1) Notwithstanding any other law or rule of law, any person who is entitled to notice of a court order under Section 78-27-46 shall have the right to intervene in any proceeding with respect to enforcement of the order to:
(a) challenge the issuance of the order; or
(b) stay compliance with the order.
(2) Upon intervention, the burden shall be on the governmental
entity obtaining the order to show that there is reasonable
cause for the issuance of the order.
1999
78-27-48 Financial information privacy - Reimbursement of financial institution for costs of obtaining information.
(1) A financial institution shall be entitled to reimbursement by the governmental entity seeking the information, for costs reasonably and directly incurred in searching for, reproducing, or transporting books, papers, records, or other data required to be produced if the financial institution produces the record:
(a) pursuant to permission by the person named or referenced in the record in accordance with Section 78-27-45 ;
(b) in compliance with an order obtained under Section 78-27-45 through 78-27-50.5 ; or
(c) in compliance with an order of a court or administrative body of competent jurisdiction.
(2) The commissioner of financial institutions shall by
rule establish the rates and conditions under which reimbursement
shall be made.
1999
78-27-49 Financial information privacy - Admissibility of information restricted.
(1) Information obtained directly or indirectly from a financial institution in violation of Sections 78-27-45 through 78-27-47 may not be admissible in any court of this state against the person entitled to notice.
(2) This section does not apply in any action:
(a) between the financial institution and the person otherwise entitled to notice; or
(b) in which it is claimed that the financial institution
has been the victim of fraud, embezzlement or any other criminal
act committed by the person otherwise entitled to notice.
1999
78-27-50 Financial information privacy - Inapplicable to certain official investigations.
(1) Sections 78-27-45 through 78-27-47 do not apply when an examination of records is a part of an official investigation by:
(a) local police;
(b) a sheriff;
(c) a peace officer;
(d) a city attorney;
(e) a county attorney;
(f) a district attorney;
(g) the attorney general;
(h) the Department of Public Safety;
(i) the Office of Recovery Services of the Department of Human Services;
(j) the Insurance Department;
(k) the Department of Commerce;
(l) the Benefit Payment Control Unit or the Payment Error Prevention Unit of the Department of Workforce Services;
(m) the state auditor; or
(n) the State Tax Commission.
(2) Except for the Office of Recovery Services, if a governmental entity listed in Subsection (1) seeks a record, the entity shall obtain the record as follows:
(a) if the record is a nonprotected record, by request in writing that:
(i) certifies that an official investigation is being conducted; and
(ii) is signed by a representative of the governmental entity that is conducting the official investigation; or
(b) if the record is a protected record, by obtaining:
(i) a subpoena authorized by statute; or
(ii) other legal process:
(A) ordered by a court of competent jurisdiction; and
(B) served upon the financial institution.
(3) If the Office of Recovery Services seeks a record, it shall obtain the record pursuant to:
(a) Subsection 62A-11-104 (7);
(b) Section 62A-11-304.1 ;
(c) Section 62A-11-304.5 ; or
(d) Title IV, Part D of the Social Security Act as codified in 42 U.S.C. 651 et seq.
(4) A financial institution may not give notice to any person named or referenced within the record disclosed pursuant to Subsection (2)(a).
(5) In accordance with Section
78-27-48
, the agency conducting the official investigation
that obtains a record from a financial institution under
this section shall reimburse the financial institution for
costs reasonably and directly incurred by the financial institution.
2005
78-27-50.5 Liability of financial institutions.
A financial institution is not liable to any person named or referenced within a record:
(1) for any disclosure that is the result of a subpoena, order, or request made pursuant to Sections 78-27-45 through 78-27-50 if the financial institution reasonably believes that the subpoena, order, or request is properly made under Sections 78-27-45 through 78-27-50 ; or
(2) for any disclosure or action taken in good faith pursuant
to a data match or administrative subpoena provided for by
the statutes listed in Subsection
78-27-50
(3).
1999
78-27-51 Inherent risks of skiing - Public policy.
The Legislature finds that 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. It further finds that few insurance
carriers are willing to provide liability insurance protection
to ski area operators and that the premiums charged by those
carriers have risen sharply in recent years due to confusion
as to whether a skier assumes the risks inherent in the sport
of skiing. It is the purpose of this act, therefore, to clarify
the law in relation to skiing injuries and the risks inherent
in that sport, to establish as a matter of law that certain
risks are inherent in that sport, and to provide that, as
a matter of public policy, no person engaged in that sport
shall recover from a ski operator for injuries resulting
from those inherent risks.
1979
78-27-52 Inherent risks of skiing - Definitions.
As used in this act:
(1) "Inherent risks of skiing" means those dangers or conditions which are an integral part of the sport of recreational, competitive, or professional skiing, including, but not limited to:
(a) changing weather conditions;
(b) snow or ice conditions as they exist or may change, such as hard pack, powder, packed powder, wind pack, corn, crust, slush, cut-up snow, or machine-made snow;
(c) surface or subsurface conditions such as bare spots, forest growth, rocks, stumps, streambeds, cliffs, trees, and other natural objects;
(d) variations or steepness in terrain, whether natural or as a result of slope design, snowmaking or grooming operations, and other terrain modifications such as terrain parks, and terrain features such as jumps, rails, fun boxes, and all other constructed and natural features such as half pipes, quarter pipes, or freestyle-bump terrain;
(e) impact with lift towers and other structures and their components such as signs, posts, fences or enclosures, hydrants, or water pipes;
(f) collisions with other skiers;
(g) participation in, or practicing or training for, competitions or special events; and
(h) the failure of a skier to ski within the skier's own ability.
(2) "Injury" means any personal injury or property damage or loss.
(3) "Skier" means any person present in a ski area for the purpose of engaging in the sport of skiing, nordic, freestyle, or other types of ski jumping, using skis, sled, tube, snowboard, or any other device.
(4) "Ski area" means any area designated by a ski area operator to be used for skiing, nordic, freestyle, or other type of ski jumping, and snowboarding.
(5) "Ski area operator" means those persons, and their
agents, officers, employees or representatives, who operate
a ski area.
2006
78-27-53 Inherent risks of skiing - Bar against claim or recovery from operator for injury from risks inherent in sport.
Notwithstanding anything in Sections
78-27-37
through
78-27-43
to the contrary, no skier may make any claim
against, or recover from, any ski area operator for injury
resulting from any of the inherent risks of skiing.
1986
78-27-54 Inherent risks of skiing - Trail boards listing inherent risks and limitations on liability.
Ski area operators shall post trail boards at one or more
prominent locations within each ski area which shall include
a list of the inherent risks of skiing, and the limitations
on liability of ski area operators, as defined in this act.
1979
78-27-56 Attorney's fees - Award where action or defense in bad faith - Exceptions.
(1) In civil actions, the court shall award reasonable attorney's fees to a prevailing party if the court determines that the action or defense to the action was without merit and not brought or asserted in good faith, except under Subsection (2).
(2) The court, in its discretion, may award no fees or limited fees against a party under Subsection (1), but only if the court:
(a) finds the party has filed an affidavit of impecuniosity in the action before the court; or
(b) the court enters in the record the reason for not
awarding fees under the provisions of Subsection (1).
1988
78-27-56.5 Attorney's fees - Reciprocal rights to recover attorney's fees.
A court may award costs and attorney's fees to either
party that prevails in a civil action based upon any promissory
note, written contract, or other writing executed after April
28, 1986, when the provisions of the promissory note, written
contract, or other writing allow at least one party to recover
attorney's fees.
1986
78-27-57 Attorney's fees awarded to state funded agency in action against state or subdivision - Forfeit of appropriated monies.
Any agency or organization receiving state funds which,
as a result of its suing the state, or political subdivision
thereof, receives attorney's fees and costs as all or part
of a settlement or award, shall forfeit to the General Fund,
from its appropriated monies, an amount equal to the attorney's
fees received.
1981
78-27-59 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 to transient shelters, are immune from suit for damages or injuries arising out of or related to the damaged or injured person's use of the products or services provided by the transient shelter.
(3) This section does not prohibit an action against a
person for damages or injury intentionally caused by that
person or resulting from his gross negligence.
1986
78-27-60 Limited immunity for architects and engineers inspecting earthquake damage.
(1) A professional engineer licensed under Title 58, Chapter 22, Professional Engineers and 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 emergency caused by a major earthquake is not liable for any personal injury, wrongful death, or property damage caused by the good faith inspection for structural integrity or nonstructural elements affecting health and safety of a structure used for human habitation or owned by a public entity if the inspection is performed:
(a) voluntarily, without compensation or the expectation of compensation;
(b) at the request of a public official or city or county building inspector acting in an official capacity; and
(c) within 30 days of the earthquake.
(2) The immunity provided for in Subsection (1) does not
apply to gross negligence or willful misconduct.
1997
78-27-61 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.
(b) "Amusement ride" means a device or attraction at an amusement park which carries or conveys passengers along, around, or over a fixed or restricted route or course or allows the passenger to steer or guide it within an established area for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. "Amusement ride" includes:
(i) any water-based recreational attraction, including all water slides, wave pools, and water parks; and
(ii) typical rides, including roller coasters, whips, ferris wheels, and merry-go-rounds.
(c) "Intoxicated" means a person is under the influence of alcohol, a controlled substance, or any substance having the property of releasing toxic vapors, to a degree that the person may endanger himself or another, in a public place or in a private place where he unreasonably disturbs other persons.
(d) "Operator" means any person, firm, or corporation that owns, leases, manages, or operates an amusement park or amusement ride and all employees and agents of the amusement park.
(e) "Rider" means any person who is:
(i) waiting in the immediate vicinity of an amusement ride in order to get on the ride;
(ii) in the process of leaving the ride but remains in its immediate vicinity; or
(iii) a passenger or participant on an amusement ride.
(2) An amusement park shall inform riders in writing, where appropriate, of the nature of the ride, including factors which would assist riders in determining whether they should participate in the ride activity and the rules concerning conduct on each ride. Information concerning the rules of conduct may be given verbally at the beginning of each ride segment or posted in writing conspicuously at the entrance to each ride.
(3) Riders are responsible for obeying the posted rules and verbal instructions of the amusement ride operator.
(4) A rider may not:
(a) board or dismount from an amusement ride except at a designated area;
(b) board an amusement ride if he has a physical condition that may be aggravated by participation on the ride;
(c) disconnect, disable, or attempt to disconnect or disable, any safety device, seat belt, harness, or other restraining device before, during, or after movement of the amusement ride has started except at the express instruction of the operator;
(d) throw or expel any object from an amusement ride;
(e) act in any manner contrary to posted or oral rules while boarding, riding, or dismounting from an amusement ride; or
(f) engage in any reckless act or activity which may injure himself or others.
(5) A rider may not board or attempt to board any amusement ride if he is intoxicated.
(a) An operator of an amusement park ride may prevent a rider who is perceptibly or apparently intoxicated from boarding an amusement ride.
(b) An operator who prevents a rider from boarding an amusement ride under this section, is not criminally or civilly liable if the operator reasonably believes that the rider is intoxicated.
(6) An amusement park shall post signs and notices in conspicuous locations throughout the park informing riders of the importance of reporting all injuries sustained on amusement park premises. The signs shall contain the location where any injuries may be reported.
(7) A rider, or the parent or guardian of a minor rider on the minor's behalf, may report in writing to the amusement facility or its designated agent any injuries sustained on an amusement ride before leaving the amusement facility premises, unless the rider, or parent or guardian of a minor rider, is unable to file a report because of the severity of the injuries to the rider. The report shall be filed as soon as reasonably possible and include:
(a) the name, address, and phone number of the injured person;
(b) if the injured person is a minor, the name, address, and phone number of the parent or guardian filing the report;
(c) a brief description of the incident causing the injury, including the location, date, and time of the injury;
(d) a description of the injury, including the cause, if known; and
(e) the name, address, and phone number of any known witnesses to the incident.
(8) The actions of any rider of sufficient age and knowledge
to assume the inherent risks of an amusement ride who violates
the provisions of Subsection (3), (4), or (5) may be considered
by the court in a civil action brought by a rider against
the amusement park operator for injuries sustained while
at the amusement park for the purpose of allocating fault
between the parties.
1998
78-27-62 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 property of any person as a result of that person being hit by a hockey puck or stick unless:
(a) the person is situated completely behind a board, glass, or similar barrier and the board, glass, or barrier is defective; or
(b) the injury is caused by negligent or willful and wanton
conduct in connection with the game of hockey by the owner
or operator or any hockey player, coach, or manager employed
by the owner or operator.
1998
78-27-63 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 those dangers, conditions, and potentials for personal injury or property damage that are an integral and natural part of participating in a recreational activity.
(b) "Municipality" has the meaning as defined in Section 10-1-104 .
(c) "Person" includes an individual, regardless of age, maturity, ability, capability, or experience, and a corporation, partnership, limited liability company, or any other form of business enterprise.
(d) "Recreational activity" includes a rodeo, an equestrian activity, skateboarding, roller skating, ice skating, fishing, hiking, bike riding, or in-line skating on property:
(i) owned by:
(A) with respect to a claim against a county, the county; and
(B) with respect to a claim against a municipality, the municipality; and
(ii) intended for the specific use in question.
(2) Notwithstanding anything in Sections 78-27-37 , 78-27-38 , 78-27-39 , 78-27-40 , 78-27-41 , 78-27-42 , and 78-27-43 to the contrary, no person may make a claim against or recover from a county, municipality, or independent special district under Title 17A, Chapter 2, Independent Special Districts, for personal injury or property damage resulting from any of the inherent risks of participating in a recreational activity.
(3) (a) Nothing in this section may be construed to relieve a person participating in a recreational activity from an obligation that the person would have in the absence of this section to exercise due care or from the legal consequences of a failure to exercise due care.
(b) Nothing in this section may be construed to relieve
any other person from an obligation that the person would
have in the absence of this section to exercise due care
or from the legal consequences of a failure to exercise due
care.
2006
78-27-64 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 any of its political
subdivisions for the subsequent use, whether lawfully or
unlawfully, of the firearm or ammunition, unless the suit
is based on the breach of a contract or warranty for a firearm
or ammunition purchased by the state or political subdivision.
2000
78-27-65 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 the damage was altered or modified without the consent or knowledge of the seller, supplier, installer, handler, or transporter; or
(b) the equipment or appliance was used in a manner or for a purpose other than that for which it was intended.
(2) There is a rebuttable presumption that a seller, supplier,
installer, handler, or transporter of liquified petroleum
gas and the necessary equipment and appliances, licensed
in accordance with Title 53, Chapter 7, Part 3, Liquified
Petroleum Gas Act, has followed all applicable standards
and procedures established by the Liquified Petroleum Gas
Board.
2005
