S.B. 164

1

STATUTE OF LIMITATIONS FOR BODILY
2 INJURY
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Gregory S. Bell
6 House Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill changes the statute of limitations for bodily injury.
11 Highlighted Provisions:
12 This bill:
13 . reduces the statute of limitations for bodily injury from four years to three years.
14 Monies Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 78-12-26, as last amended by Chapter 79, Laws of Utah 1996
21
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 78-12-26 is amended to read:
24 78-12-26. Within three years.
25 An action may be brought within three years:
26 (1) for waste, or trespass upon or injury to real property; except that when waste or
27 trespass is committed by means of underground works upon any mining claim, the cause of

28 action does not accrue until the discovery by the aggrieved party of the facts constituting [such]
29 the waste or trespass;
30 (2) for taking, detaining, or injuring personal property, including actions for specific
31 recovery thereof; except that in all cases where the subject of the action is a domestic animal
32 usually included in the term "livestock," which at the time of its loss has a recorded mark or
33 brand, if the animal strayed or was stolen from the true owner without the owner's fault, the
34 cause does not accrue until the owner has actual knowledge of [such] the facts as would put a
35 reasonable man upon inquiry as to the possession of the animal by the defendant;
36 (3) for relief on the ground of fraud or mistake; except that the cause of action [in such
37 case] does not accrue until the discovery by the aggrieved party of the facts constituting the
38 fraud or mistake;
39 (4) for a liability created by the statutes of this state, other than for a penalty or
40 forfeiture under the laws of this state, except where in special cases a different limitation is
41 prescribed by the statutes of this state;
42 (5) to enforce liability imposed by Section 78-17-3 , except that the cause of action does
43 not accrue until the aggrieved party knows or reasonably should know of the harm suffered[.];
44 or
45 (6) for bodily injury to a person for which an action may be brought for recovery of
46 damages.




Legislative Review Note
as of 1-23-07 5:24 PM

Office of Legislative Research and General Counsel