{"data":{"id":"us-ut/utah-code-53-5d-103","jurisdiction":"us-ut","citation":"Utah Code § 53-5d-103","heading":"Limitations on liability -- Requirements -- Dismissal.","body":"(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:\n(a) is based on an exception described in Subsection 53-5d-102(8)(c); and\n(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:\n(i) the defendant's culpable mental state; and\n(ii) that the defendant was the proximate cause of the damages alleged in the claim.\n(2) A court shall construe an exception described in Subsection 53-5d-102(8)(c):\n(a) to limit the scope of a permissible claim, if there is a conflict between an exception and state statutory or common law; and\n(b) in harmony with other exceptions described in Subsection 53-5d-102(8)(c).\n(3) A court shall dismiss a claim brought against a manufacturer, seller, or trade association unless the claim:\n(a) alleges an exception described in Subsection 53-5d-102(8)(c); and\n(b) complies with the requirements described in Subsection (1).\n(4)\n(a) A defendant who prevails in a motion to dismiss a claim under Subsection (3) is entitled to reasonable attorney fees and court costs.\n(b) A defendant may appeal an interlocutory order of a court that denies the defendant's motion to dismiss a claim under Subsection (3).\n(5) A foreign nation may not assert an exception described in Subsection 53-5d-102(8).","path":["Title 53 Public Safety Code","Chapter 53-5d Limitations On Actions Concerning Firearms And Firearm-Related Items"],"source_url":"https://le.utah.gov/xcode/Title53/Chapter5d/53-5d-S103.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"123a75c5d41240c1c624e188da3b39bec095712792bd0da3354947a7e93be60e","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-53-5d-102","next":"us-ut/utah-code-53-5d-104"},"notice":"GroundRules: Original legal text. Not legal advice."}