Utah Code > Title 78B > Chapter 3 > Part 6 – Compensation for Harm Caused by Nuclear Incidents
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§ 78B-3-601 | Purpose |
§ 78B-3-602 | Definitions |
§ 78B-3-603 | Liability imposed and limitations — Defenses — Limitations on damages |
§ 78B-3-604 | Determination of causation — Compensation allowed |
Terms Used In Utah Code > Title 78B > Chapter 3 > Part 6 - Compensation for Harm Caused by Nuclear Incidents
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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.
- Harm: means :(1)(a) personal injury, death, or illness, except an injury, death, or illness that is a basis for a claim under either a state or federal workmen's compensation act by an employee of a person liable pursuant to Section
78B-3-603 ;(1)(b) damage to, destruction of, or loss of the use of property other than property at the situs of and used in connection with the activity giving rise to a nuclear incident;(1)(c) economic loss due to:(1)(c)(i) damage to or loss of the use of property; or(1)(c)(ii) environmental degradation; or(1)(d) expenses reasonably incurred by the state, its political subdivisions, or the agencies of either in protecting the public health and safety and the environment from a nuclear incident or the imminent danger of a nuclear incident, including, but not limited to, precautionary evacuations, emergency response measures, and, after reasonable opportunity for performance of cleanup measures by persons liable pursuant to Section78B-3-603 , decontamination or other clean-up measures. See Utah Code 78B-3-602- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Nuclear material: means radioactive material used or handled in connection with:
(3)(a) a utilization facility or production facility licensed by the United States Nuclear Regulatory Commission in accordance with 42 U. See Utah Code 78B-3-602- 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- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Radioactive material: means :
(4)(a) source material as defined in Utah Code 78B-3-602- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5