78B-8-204. Punitive damages in an employment or agency relationship.

294 words·~1 min read·/ut/title-78b/chapter-8/78b-8-204

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

Effective 5/6/2026

(1)As used in this section, "managing agent" means an employee or agent who:

(a)exercises supervisory or managerial authority over a specific facility, operation, project, or group of employees; or

(b)acts in a managerial capacity.

(2)Except as provided in Subsection

(3), in an action where a plaintiff seeks punitive damages against an employer, principal, or managing agent based solely on the tortious conduct of an employee or agent, the employer, principal, or managerial agent may not be held vicariously liable for punitive damages based solely on the agency or employment relationship.

(3)To obtain an award of punitive damages against an employer, a principal, or a managing agent based solely on the conduct of an employee or agent, a plaintiff shall demonstrate by clear and convincing evidence that:

(a)the employer's, principal's, or managing agent's conduct was willful, malicious, or in reckless disregard to the rights or safety of others;

(b)the employer, principal, or managing agent authorized, ratified, or approved of the alleged conduct that gave rise to the claim; or

(c)the employer, principal, or managing agent was reckless in employing or retaining the employee or agent.

(4)Subsections

(2)and

(3)apply to any claim for an award of punitive damages, including a claim for punitive damages arising out of the tortfeasor's operation of a motor vehicle or motorboat while voluntarily intoxicated or under the influence of any drug or combination of alcohol and drugs as prohibited by Section 41-6a-502 .

(5)The provisions of this section:

(a)are subject to Section 63G-7-603 ; and

(b)apply only to a claim arising on or after May 6, 2026.

Enacted by Chapter 139 , 2026 General Session