§ 53-5d-103. Limitations on liability -- Requirements -- Dismissal.

(1) A person may not assert a claim, including a qualified civil liability action, against a manufacturer or seller of a qualified product, or a trade association, unless the claim: (a) is based on an exception described in Subsection 53-5d-102(8)(c); and (b) pleads with particularity the factual allegations providing the basis for the application of the exception described in Subsection (1)(a), including the factual allegations necessary to establish: (i) the defendant's culpable mental state; and (ii) that the defendant was the proximate cause of the damages alleged in the claim. (2) A court shall construe an exception described in Subsection 53-5d-102(8)(c): (a) to limit the scope of a permissible claim, if there is a conflict between an exception and state statutory or common law; and (b) in harmony with other exceptions described in Subsection 53-5d-102(8)(c). (3) A court shall dismiss a claim brought against a manufacturer, seller, or trade association unless the claim: (a) alleges an exception described in Subsection 53-5d-102(8)(c); and (b) complies with the requirements described in Subsection (1). (4) (a) A defendant who prevails in a motion to dismiss a claim under Subsection (3) is entitled to reasonable attorney fees and court costs. (b) A defendant may appeal an interlocutory order of a court that denies the defendant's motion to dismiss a claim under Subsection (3). (5) A foreign nation may not assert an exception described in Subsection 53-5d-102(8).