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

Utah Statutes

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

Utah·Title 78B Judicial Code·Ch. 78B-3 Civil Actions·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

Free access — add to your briefcase to read the full text and ask questions with AI

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.

Utah § 78B-3-1202 (Requirements for liability for exposure to ethylene oxide -- Limitation on liability.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.