# Utah Code § 53-5d-103: Limitations on liability -- Requirements -- Dismissal

> Utah · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_UT_T53_S53_5d_103

## Section

- **Citation:** Utah Code § 53-5d-103
- **Heading:** Limitations on liability -- Requirements -- Dismissal
- **Jurisdiction:** Utah
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Utah Code / Title 53 / Chapter 53-5d / § 53-5d-103

## Text

(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).

## Nearby sections

- [Utah Code § 53-5d-102 § 53-5d-102. Definitions.](https://www.frixlaw.com/law-library/statutes/STATE_UT_T53_S53_5d_102.md)
- [Utah Code § 53-5d-103 § 53-5d-103. Limitations on liability -- Requirements -- Dismissal.](https://www.frixlaw.com/law-library/statutes/STATE_UT_T53_S53_5d_103.md)
- [Utah Code § 53-5d-104 § 53-5d-104. State preemption of local regulation.](https://www.frixlaw.com/law-library/statutes/STATE_UT_T53_S53_5d_104.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_UT_T53_S53_5d_103. Check the current official text before relying on it. Not legal advice.