78B-4-806. Limitation on damages.
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Effective 5/7/2025
78B-4-806. Limitation on damages.
(1)Subject to adjustment under Subsection 63G-7-604(4) , an action arising against a winter sports area operator for a claim not prohibited under this part, in which the winter sports participant, or a person authorized to bring a claim on behalf of the winter sports participant, recovers for an injury and is awarded noneconomic losses, the amount of the award for noneconomic losses may not exceed:
(a)$827,000 for one person in any one occurrence; and
(b)$3,329,100 for the aggregate amount of individual awards that may be awarded in relation to a single occurrence.
(2)The limits on an award for noneconomic losses described in Subsection
(1)do not apply to an award:
(a)of punitive damages; or
(b)for a wrongful death action.
Enacted by Chapter 511 , 2025 General Session