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 § 78B-3-1202

Title 78BJudicial Code

Ch. 78B-3Civil Actions

Part 78B-3-12Ethylene Oxide Exposure

This text of Utah § 78B-3-1202 (Requirements for liability for exposure to ethylene oxide -- Limitation on liability.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 78B-3-1202 (2026).

Text

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

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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.