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Utah · Through 2026 General Session

Utah Code § 78B-3-1202: Requirements for liability for exposure to ethylene oxide -- Limitation on liability.

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Where this section sits in the code
  1. Title 78B Judicial Code
  2. Chapter 78B-3 Civil Actions
  3. Part 78B-3-12 Ethylene Oxide Exposure

Notwithstanding any other provision of law, and except as otherwise provided in this part, no person engaged in business in the healthcare industry shall be liable in any ethylene oxide exposure action unless the plaintiff can prove by a preponderance of the evidence that:

(1) in engaging in the business, the person was not in substantial compliance and was not making reasonable efforts in light of all the circumstances to be in substantial compliance with the applicable United States government laws, regulations, or standards related to ethylene oxide in effect at the time of the actual, alleged, feared, or potential exposure to ethylene oxide;

(2) the person engaged in gross negligence or willful misconduct that caused an actual exposure to ethylene oxide; and

(3) the actual exposure to ethylene oxide was the direct and proximate cause of the personal injury of the plaintiff.

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

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