Utah Code 78B-3-604. Determination of causation — Compensation allowed
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(1) Causation of radiological injury from a nuclear incident shall be determined by the trier of fact, taking into account epidemiological studies, statistical probabilities, and other pertinent medical and scientific evidence.
Terms Used In Utah Code 78B-3-604
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Nuclear incident: means an incident which does not arise from an act of war and involves the release of nuclear material which results in personal injury, loss of use of property, or damage due to the radioactive, toxic, explosive, or other hazardous properties of the nuclear material. See Utah Code 78B-3-602
(2) A claimant under this part shall be entitled to full compensation of the claimant’s radiological injuries if the trier of fact determines that it is more likely than not that the claimant’s injuries resulted from the nuclear incident.