Utah Code 78B-6-2404. Accrual of action alleging nonmalignant condition
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Notwithstanding the requirements of Section 78B-2-117, the statute of limitations for an asbestos action alleging a nonmalignant condition that is not time barred on or before May 3, 2023, may not begin to run until the earlier of the day on which:
(1) the exposed individual is diagnosed with a physical impairment that meets the prima facie evidence requirements of Section 78B-6-2403;
Terms Used In Utah Code 78B-6-2404
- Asbestos: means chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, asbestiform winchite, asbestiform richterite, asbestiform amphibole minerals, and any of these minerals that have been chemically treated or altered, including all minerals defined as asbestos in 29 C. See Utah Code 78B-6-2401
- 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.
- Exposed individual: means an individual whose exposure to asbestos is the basis for the asbestos action. See Utah Code 78B-6-2401
- Nonmalignant condition: means a condition that may be caused by asbestos other than a diagnosed cancer. See Utah Code 78B-6-2401
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
(2) the exposed individual discovered facts that would have led a reasonable individual to obtain a diagnosis with respect to the existence of a physical impairment from exposure to asbestos that would have met the prima facie evidence requirements of Section 78B-6-2403; or
(3) the exposed individual dies.