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Code · Utah · Title 78B — Judicial Code · Chapter 3

78B-3-1204.

181 words·~1 min read·/ut/title-78b/chapter-3/78b-3-1204

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

Effective 5/7/2025
78B-3-1204. Application and preemption -- Exclusive cause of action -- Transition clause -- Preemption of other law -- Workers' compensation applicability not affected.
(1)This part creates an exclusive cause of action for ethylene oxide exposure actions.
(2)A plaintiff may prevail in an ethylene oxide exposure action only in accordance with the requirements of this part.
(3)The provisions of this part apply to:
(a)any cause of action that is an ethylene oxide exposure action filed before May 7, 2025, and that is pending as of that date; and
(b)any ethylene oxide exposure action filed on or after May 7, 2025.
(4)This part preempts and supersedes any state law that is related to recovery for personal injuries caused by actual, alleged, feared, or potential exposure to ethylene oxide.
(5)Nothing in this part shall be construed to affect the applicability of any state law providing for a workers' compensation scheme or program, or to preempt or supersede an exclusive remedy or defense under such scheme or program.
Enacted by Chapter 356 , 2025 General Session
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