53-5d-103. Limitations on liability -- Requirements -- Dismissal.

258 words·~1 min read·/ut/title-53/chapter-5d/53-5d-103

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(1)A person may not assert a claim, including a qualified civil liability action, against a manufacturer or seller of a qualified product, or a trade association, unless the claim:

(a)is based on an exception described in Subsection 53-5d-102(8)(c) ; and

(b)pleads with particularity the factual allegations providing the basis for the application of the exception described in Subsection (1)(a) , including the factual allegations necessary to establish:

(i)the defendant's culpable mental state; and

(ii)that the defendant was the proximate cause of the damages alleged in the claim.

(2)A court shall construe an exception described in Subsection 53-5d-102(8)(c) :

(a)to limit the scope of a permissible claim, if there is a conflict between an exception and state statutory or common law; and

(b)in harmony with other exceptions described in Subsection 53-5d-102(8)(c) .

(3)A court shall dismiss a claim brought against a manufacturer, seller, or trade association unless the claim:

(a)alleges an exception described in Subsection 53-5d-102(8)(c) ; and

(b)complies with the requirements described in Subsection

(1).

(a)A defendant who prevails in a motion to dismiss a claim under Subsection

(3)is entitled to reasonable attorney fees and court costs.

(b)A defendant may appeal an interlocutory order of a court that denies the defendant's motion to dismiss a claim under Subsection

(3).

(5)A foreign nation may not assert an exception described in Subsection 53-5d-102(8) .

Amended by Chapter 464 , 2026 General Session