S.B. 44

1

TORT REFORM AMENDMENTS
2 2003 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Leonard M. Blackham
5 This act enacts a provision providing for the affirmative defense of assumption of risk in
6 tort actions.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 ENACTS:
9 78-11-28, Utah Code Annotated 1953
10 Be it enacted by the Legislature of the state of Utah:
11 Section 1. Section 78-11-28 is enacted to read:
12 78-11-28. Assumption of risk.
13 (1) In any tort action, a defendant shall not be liable if the injured person assumed the
14 risk of injury or harm to property. Assumption of the risk shall mean that the injured:
15 (a) knew of and appreciated the risk; and
16 (b) voluntarily exposed himself or herself to the danger that proximately caused the
17 injury or damage.
18 (2) The elements of assumption of the risk may be inferred, as a matter of either fact or
19 law, from circumstantial evidence that the injured person must have known and appreciated the
20 risk and voluntarily encountered it.




Legislative Review Note
as of 1-7-03 4:03 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

*SB0044*