Public-domain · open source
OpenJurist

Utah Code § 78B-3-1204

Application and preemption -- Exclusive cause of action -- Transition clause -- Preemption of other law -- Workers' compensation applicability not affected

Enacted by Chapter 356, 2025 General Session

(1) This part creates an exclusive cause of action for ethylene oxide exposure actions.

(2) A plaintiff may prevail in an ethylene oxide exposure action only in accordance with the requirements of this part.

(3) The provisions of this part apply to:

(a) any cause of action that is an ethylene oxide exposure action filed before May 7, 2025, and that is pending as of that date; and

(b) any ethylene oxide exposure action filed on or after May 7, 2025.

(4) This part preempts and supersedes any state law that is related to recovery for personal injuries caused by actual, alleged, feared, or potential exposure to ethylene oxide.

(5) Nothing in this part shall be construed to affect the applicability of any state law providing for a workers' compensation scheme or program, or to preempt or supersede an exclusive remedy or defense under such scheme or program.

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.