Full text of Utah Utah Code § 37e-103 — Recovery of damages., with citation guidance and answers to common questions.
§ 37e-103. Recovery of damages.
Effective 5/6/2026
58-37e-103.
Recovery of damages.
| (1) | One or more of the following persons may bring an action for damages caused by an individual's use of an illegal drug:
| (a) | a parent, legal guardian, child, spouse, or sibling of the individual drug user; |
| (b) | an individual who was exposed to an illegal drug in utero; |
| (c) | an employer of the individual drug user; |
| (d) | a medical facility, insurer, governmental entity, employer, or other entity that funds a drug treatment program or employee assistance program for the individual drug user or that otherwise expended money on behalf of the individual drug user; or |
| (e) | a person injured as a result of the willful, reckless, or negligent actions of an individual drug user. |
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| (2) | A person entitled to bring an action under this section may seek damages from one or more of the following:
| (a) | a person who knowingly distributed, or knowingly participated in the chain of distribution of, an illegal drug that was actually used by the individual drug user; and |
| (b) | a person who knowingly participated in the illegal drug market if:
| (i) | the place of illegal drug activity by the individual drug user is within the illegal drug market target community of the defendant; |
| (ii) | the defendant's participation in the illegal drug market was connected with the same type of illegal drug used by the individual drug user; and |
| (iii) | the defendant participated in the illegal drug market at any time during the individual drug user's period of illegal drug use. |
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| (3) | A person entitled to bring an action under this section may recover all of the following damages:
| (a) | economic damages, including the cost of treatment and rehabilitation, medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, support expenses, accidents or injury, and any other pecuniary loss proximately caused by the illegal drug use; |
| (b) | noneconomic damages, including physical and emotional pain, suffering, physical impairment, emotional distress, mental anguish, disfigurement, loss of enjoyment, loss of companionship, services and consortium, and other nonpecuniary losses proximately caused by an individual's use of an illegal drug; |
| (d) | reasonable attorney fees; and |
| (e) | costs of suit, including reasonable expenses for expert testimony. |
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Renumbered and Amended by Chapter
362, 2026 General Session
Frequently Asked Questions About Utah § 37e-103
What does Utah Code § 37e-103 cover?
Section 37e-103 ("Recovery of damages.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 37e-103?
A common citation format is "Utah Code § 37e-103" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 37e-103 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
