Full text of Utah Utah Code § 5d-103 — Limitations on liability -- Requirements -- Dismissal., with citation guidance and answers to common questions.
§ 5d-103. Limitations on liability -- Requirements -- Dismissal.
Effective 5/6/2026 53-5d-103.
Limitations on liability -- Requirements -- Dismissal.
(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).
Section 5d-103 ("Limitations on liability -- Requirements -- Dismissal.") 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 § 5d-103?
A common citation format is "Utah Code § 5d-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 § 5d-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.
