Terms Used In Utah Code > Title 78B > Chapter 4 - Limitations on Liability

• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Arrest: Taking physical custody of a person by lawful authority.
• Asbestos claim: means a claim, wherever or whenever made, for damages, losses, indemnification, contribution, or other relief arising out of, based on, or in any way related to asbestos, including:
       (1)(a) the health effects of exposure to asbestos, including a claim for:

            (1)(a)(i) personal injury or death;

            (1)(a)(ii) mental or emotional injury;

            (1)(a)(iii) risk of disease or other injury; or

            (1)(a)(iv) the costs of medical monitoring or surveillance;
       (1)(b) a claim made by or on behalf of a person exposed to asbestos, or a representative, spouse, parent, child, or other relative of the person; and
       (1)(c) a claim for damage or loss caused by the installation, presence, or removal of asbestos. See Utah Code 78B-4-602
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Breach of system security: means the same as that term is defined in Section 13-44-102. See Utah Code 78B-4-701
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Claim: means any assertion by or on behalf of a natural person, as well as any derivative claim arising from it, and asserted by or on behalf of any other person. See Utah Code 78B-4-302
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Corporation: means a corporation for profit, including a domestic corporation organized under the laws of this state or a foreign corporation organized under laws other than this state. See Utah Code 78B-4-602
• Damage or injury: includes physical, nonphysical, economic, and noneconomic damage. See Utah Code 78B-4-101
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer: means a person engaged or licensed to engage in the business of buying, selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established place of business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors. See Utah Code 41-1a-102
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Division: means the Motor Vehicle Division of the commission, created in Section 41-1a-106. See Utah Code 41-1a-102
• Donor: The person who makes a gift.
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Equine: means any member of the equidae family. See Utah Code 78B-4-201
• Equine activity: means :
       (2)(a) equine shows, fairs, competitions, performances, racing, sales, or parades that involve any breeds of equines and any equine disciplines, including dressage, hunter and jumper horse shows, grand prix jumping, multiple-day events, combined training, rodeos, driving, pulling, cutting, polo, steeple chasing, hunting, endurance trail riding, and western games;
       (2)(b) boarding or training equines;
       (2)(c) teaching persons equestrian skills;
       (2)(d) riding, inspecting, or evaluating an equine owned by another person regardless of whether the owner receives monetary or other valuable consideration;
       (2)(e) riding, inspecting, or evaluating an equine by a prospective purchaser; or
       (2)(f) other equine activities of any type including rides, trips, hunts, or informal or spontaneous activities sponsored by an equine activity sponsor. See Utah Code 78B-4-201
• Equine activity sponsor: means an individual, group, governmental entity, club, partnership, or corporation, whether operating for profit or as a nonprofit entity, which sponsors, organizes, or provides facilities for an equine activity, including:
       (3)(a) pony clubs, hunt clubs, riding clubs, 4-H programs, therapeutic riding programs, and public and private schools and postsecondary educational institutions that sponsor equine activities; and
       (3)(b) operators, instructors, and promoters of equine facilities, stables, clubhouses, ponyride strings, fairs, and arenas. See Utah Code 78B-4-201
• Equine professional: means a person compensated for an equine activity by:
       (4)(a) instructing a participant;
       (4)(b) renting to a participant an equine to ride, drive, or be a passenger upon the equine; or
       (4)(c) renting equine equipment or tack to a participant. See Utah Code 78B-4-201
• Event data: means records of one or more of the following categories of information regarding a motor vehicle that are captured by an event data recorder:
            (1)(a)(i) whether the vehicle's air bag deployed;
            (1)(a)(ii) vehicle speed;
            (1)(a)(iii) vehicle steering performance;
            (1)(a)(iv) vehicle brake performance or use; or
            (1)(a)(v) vehicle seatbelt status or use. See Utah Code 41-1a-1502
• 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.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Financially secure source of recovery: means that, at the time of the incident, a nonprofit organization:
       (2)(a) has an insurance policy in effect that covers the activities of the volunteer and has an insurance limit of not less than the limits established under the Governmental Immunity Act of Utah in Section 63G-7-604; or
       (2)(b) has established a qualified trust with a value not less than the combined limits for property damage and single occurrence liability established under the Governmental Immunity Act of Utah in Section 63G-7-604. See Utah Code 78B-4-101
• Fraud: Intentional deception resulting in injury to another.
• Guardian: includes a person who:
       (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
       (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Identification number: includes a vehicle identification number, state assigned identification number, hull identification number, and motor serial number. See Utah Code 41-1a-102
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Inherent risks of skiing: means the dangers or conditions that are an integral part of the sport of recreational, competitive, or professional skiing, including:
       (1)(a) changing weather conditions;
       (1)(b) snow or ice conditions as the snow or ice conditions exist or may change, including hard pack, powder, packed powder, wind pack, corn, crust, slush, cut-up snow, or machine-made snow;
       (1)(c) surface or subsurface conditions, including bare spots, forest growth, rocks, stumps, streambeds, cliffs, trees, or other natural objects;
       (1)(d) variations or steepness in terrain, whether natural or as a result of slope design, snowmaking or grooming operations, or other terrain modifications, including:

            (1)(d)(i) terrain parks;

            (1)(d)(ii) terrain features, including jumps, rails, or fun boxes; or

            (1)(d)(iii) all other constructed and natural features, including half pipes, quarter pipes, or freestyle-bump terrain;
       (1)(e) impact with lift towers, other structures, or their components, including signs, posts, fences or enclosures, hydrants, or water pipes;
       (1)(f) collisions with other skiers;
       (1)(g) participation in, or practicing or training for, competitions or special events; and
       (1)(h) the failure of a skier to ski within the skier's own ability. See Utah Code 78B-4-402
• Injury: means any personal injury or property damage or loss. See Utah Code 78B-4-402
• 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.
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Lienholder: means a person with a security interest in particular property. See Utah Code 41-1a-102
• Livestock: means all domesticated animals used in the production of food, fiber, or livestock activities. See Utah Code 78B-4-201
• Livestock activity: means :
       (7)(a) livestock shows, fairs, competitions, performances, packing events, or parades or rodeos that involve any or all breeds of livestock;
       (7)(b) using livestock to pull carts or to carry packs or other items;
       (7)(c) using livestock to pull travois-type carriers during rescue or emergency situations;
       (7)(d) livestock training or teaching activities or both;
       (7)(e) taking livestock on public relations trips or visits to schools or nursing homes;
       (7)(f) boarding livestock;
       (7)(g) riding, inspecting, or evaluating any livestock belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the livestock or is permitting a prospective purchaser of the livestock to ride, inspect, or evaluate the livestock;
       (7)(h) using livestock in wool production;
       (7)(i) rides, trips, or other livestock activities of any type however informal or impromptu that are sponsored by a livestock activity sponsor; and
       (7)(j) trimming the feet of any livestock. See Utah Code 78B-4-201
• Livestock activity sponsor: means an individual, group, governmental entity, club, partnership, or corporation, whether operating for profit or as a nonprofit entity, which sponsors, organizes, or provides facilities for a livestock activity, including:
       (8)(a) livestock clubs, 4-H programs, therapeutic riding programs, and public and private schools and postsecondary educational institutions that sponsor livestock activities; and
       (8)(b) operators, instructors, and promoters of livestock facilities, stables, clubhouses, fairs, and arenas. See Utah Code 78B-4-201
• Livestock professional: means a person compensated for a livestock activity by:
       (9)(a) instructing a participant;
       (9)(b) renting to a participant any livestock for the purpose of riding, driving, or being a passenger upon the livestock; or
       (9)(c) renting livestock equipment or tack to a participant. See Utah Code 78B-4-201
• Manufacturer: means a person engaged in the business of constructing, manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or outboard motors for the purpose of sale or trade. See Utah Code 41-1a-102
• Minor: means an individual who is under 18 years old. See Utah Code 78B-4-402
• Motor vehicle: means a self-propelled vehicle intended primarily for use and operation on the highways. See Utah Code 41-1a-102
• NIST: means the National Institute for Standards and Technology in the United States Department of Commerce. See Utah Code 78B-4-701
• Nonprofit organization: means any organization, other than a public entity, described in Section 501 (c) of the Internal Revenue Code of 1986 and exempt from tax under Section 501 (a) of that code. See Utah Code 78B-4-101
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Outboard motor: means a detachable self-contained propulsion unit, excluding fuel supply, used to propel a vessel. See Utah Code 41-1a-102
• Owner: means :
            (3)(a)(i) a person having all the incidents of ownership of a motor vehicle, including legal title to the motor vehicle;
            (3)(a)(ii) a person entitled to possession of a motor vehicle as the purchaser under a security agreement; or
            (3)(a)(iii) a person entitled to possession of a motor vehicle as a lessee under a written lease agreement if the lease agreement is intended to last for more than three months at its inception. See Utah Code 41-1a-1502
• Owner: means a person, other than a lienholder, holding title to a vehicle, vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is subject to a security interest. See Utah Code 41-1a-102
• Participant: means any person, whether amateur or professional, who directly engages in an equine activity or livestock activity, regardless of whether a fee has been paid to participate. See Utah Code 78B-4-201
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• PCI data security standard: means the Payment Card Industry Data Security Standard. See Utah Code 78B-4-701
• 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
• Person: includes a financial institution organized, chartered, or holding a license authorizing operation under the laws of this state, another state, or another country. See Utah Code 78B-4-701
• Personal information: means the same as that term is defined in Section 13-44-102. See Utah Code 78B-4-701
• Personal property: includes :
       (25)(a) money;
       (25)(b) goods;
       (25)(c) chattels;
       (25)(d) effects;
       (25)(e) evidences of a right in action;
       (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
       (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
• Personal property: All property that is not real property.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Qualified trust: means a trust held for the purpose of compensating claims for damages or injury in a trust company licensed to do business in this state under the provisions of Title 7, Chapter 5, Trust Business. See Utah Code 78B-4-101
• Registration: means a document issued by a jurisdiction that allows operation of a vehicle or vessel on the highways or waters of this state for the time period for which the registration is valid and that is evidence of compliance with the registration requirements of the jurisdiction. See Utah Code 41-1a-102
• Reimbursements: means , with respect to each nonprofit organization:
       (6)(a) compensation or honoraria totaling less than $300 per calendar year; and
       (6)(b) payment of expenses actually incurred. See Utah Code 78B-4-101
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Ski area: means any area designated by a ski area operator to be used for skiing, nordic, freestyle or other type of ski jumping, or snowboarding. See Utah Code 78B-4-402
• 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
• 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
• Statute: A law passed by a legislature.
• Successor: means a corporation that:
       (3)(a)

            (3)(a)(i) assumes or incurs or has assumed or incurred successor asbestos-related liability;

            (3)(a)(ii) is the successor corporation after a merger or consolidation; and

            (3)(a)(iii) became a successor before January 1, 1972; or
       (3)(b) is a successor corporation of a corporation described in Subsection (3)(a). See Utah Code 78B-4-602
• Successor asbestos-related liability: includes liability that, after the time of the merger or consolidation for which the fair market value of total gross assets is determined under Section 78B-4-605, was or is paid or otherwise discharged, or committed to be paid or otherwise discharged, by or on behalf of the corporation, or by a successor of the corporation, or by or on behalf of a transferor, in connection with a settlement, judgment, or other discharge in this state or another jurisdiction. See Utah Code 78B-4-602
• Title: means the right to or ownership of a vehicle, vessel, or outboard motor. See Utah Code 41-1a-102
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Transferor: means a corporation from which successor asbestos-related liability is or was assumed or incurred. See Utah Code 78B-4-602
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Vehicle: includes a motor vehicle, trailer, semitrailer, off-highway vehicle, camper, park model recreational vehicle, manufactured home, and mobile home. See Utah Code 41-1a-102
• Vessel: means the same as that term is defined in Section 73-18-2. See Utah Code 41-1a-102
• Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5
• Volunteer: includes a volunteer serving as a director, officer, trustee, or direct service volunteer. See Utah Code 78B-4-101
• Whips: Assistants to the floor leaders who are also elected by their party conferences. The Majority and Minority Whips (and their assistants) are responsible for mobilizing votes within their parties on major issues. In the absence of a party floor leader, the whip often serves as acting floor leader.
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5