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Utah · Through 2026 General Session

Utah Code § 53-5d-103: Limitations on liability -- Requirements -- Dismissal.

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Where this section sits in the code
  1. Title 53 Public Safety Code
  2. Chapter 53-5d Limitations On Actions Concerning Firearms And Firearm-Related Items

(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).

(4)

(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).

Collected 2026-09-03T11:34:33Z. Source file · JSON

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