Title 78B Chapter 4 Part 5 Section 501

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Index	Utah Code
Title 78B	Judicial Code
Chapter 4	Limitations on Liability
Part 5	Particular Limitations on Liability
Section 501	Good Samaritan Law. *(Effective 7/1/2024)*

Effective 7/1/2024
78B-4-501. Good Samaritan Law.

(1)

As used in this section:

(a)	"Child" means an individual of such an age that a reasonable person would perceive the individual as unable to open the door of a locked motor vehicle, but in any case younger than 18 years of age.

(b)	"Emergency" means an unexpected occurrence involving injury, threat of injury, or illness to a person or the public, including motor vehicle accidents, disasters, actual or threatened discharges, removal or disposal of hazardous materials, and other accidents or events of a similar nature.

(c)	"Emergency care" includes actual assistance or advice offered to avoid, mitigate, or attempt to mitigate the effects of an emergency.

(d)

"First responder" means a state or local:

(i)	law enforcement officer, as defined in Section 53-13-103;

(ii)	firefighter, as defined in Section 34A-3-113; or

(iii)

emergency medical service provider, as defined in Section 53-2d-101.

(e)	"Motor vehicle" means the same as that term is defined in Section 41-1a-102.

(2)

A person who renders emergency care at or near the scene of, or during, an emergency, gratuitously and in good faith, is not liable for any civil damages or penalties as a result of any act or omission by the person rendering the emergency care, unless the person is grossly negligent or caused the emergency.

(3)

(a)

A person who gratuitously, and in good faith, assists a governmental agency or political subdivision in an activity described in Subsections (3)(a)(i) through (iii) is not liable for any civil damages or penalties as a result of any act or omission, unless the person rendering assistance is grossly negligent in:

(i)	implementing measures to control the causes of epidemic and communicable diseases and other conditions significantly affecting the public health, or necessary to protect the public health as set out in Title 26A, Chapter 1, Local Health Departments;

(ii)	investigating and controlling suspected bioterrorism and disease as set out in Title 26B, Chapter 7, Part 3, Treatment, Isolation, and Quarantine Procedures for Communicable Diseases; and

(iii)

responding to a national, state, or local emergency, a public health emergency as defined in Section 26B-7-301, or a declaration by the president of the United States or other federal official requesting public health-related activities.

(b)	The immunity in this Subsection (3) is in addition to any immunity or protection in state or federal law that may apply.

(4)

(a)

A person who uses reasonable force to enter a locked and unattended motor vehicle to remove a confined child is not liable for damages in a civil action if all of the following apply:

(i)	the person has a good faith belief that the confined child is in imminent danger of suffering physical injury or death unless the confined child is removed from the motor vehicle;

(ii)	the person determines that the motor vehicle is locked and there is no reasonable manner in which the person can remove the confined child from the motor vehicle;

(iii)

before entering the motor vehicle, the person notifies a first responder of the confined child;

(iv)	the person does not use more force than is necessary under the circumstances to enter the motor vehicle and remove the confined child from the vehicle; and

(v)	the person remains with the child until a first responder arrives at the motor vehicle.

(b)	A person is not immune from civil liability under this Subsection (4) if the person fails to abide by any of the provisions of Subsection (4)(a) or commits any unnecessary or malicious damage to the motor vehicle.

Amended by Chapter 310, 2023 General Session
Amended by Chapter 330, 2023 General Session

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