Utah Code 78B-4-406. Limitation on damages
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(1) In an action arising on or after May 12, 2020, against a ski area operator for a claim not prohibited under this part, in which the skier, or a person authorized to bring a claim on behalf of the skier, recovers for an injury and is awarded noneconomic losses, the amount of the award for noneconomic losses may not exceed $1,000,000.
Terms Used In Utah Code 78B-4-406
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Injury: means any personal injury or property damage or loss. See Utah Code 78B-4-402
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Ski area operator: includes an agent, an officer, an employee, or a representative of the person that operates a ski area. See Utah Code 78B-4-402
- Skier: means an individual present in a ski area for the purpose of engaging in the sport of skiing, nordic, freestyle, or other types of ski jumping, or using skis, a sled, a tube, a snowboard, or any other device. See Utah Code 78B-4-402
(2) The limit on an award for noneconomic losses described in Subsection (1) does not apply to an award:
(2)(a) of punitive damages; or
(2)(b) for a wrongful death action.