78B-3-801 - Cause of action for death or addiction caused by use or ingestion of illegal controlled substances -- Damages.
78B-3-801. Cause of action for death or addiction caused by use or ingestion ofillegal controlled substances -- Damages.
(1) As used in this section, "substance" means any illegal controlled substance underTitle 58, Chapter 37, Utah Controlled Substance Act.
(2) A person is subject to a civil action by a person or an estate under Subsection (3)who:
(a) unlawfully provided to or administered to the deceased person or the addicted personany substance that caused or contributed to the person's addiction or to the death of the deceasedperson; or
(b) unlawfully provided any substance to any person in the chain of transfer of thesubstance that connects directly to the person who subsequently provided or administered theillegal controlled substance to the addicted person or to the deceased person under Subsection(2)(a).
(3) (a) A civil action for treble damages and punitive damages may be brought againstany person under Subsection (2) by the estate of a person whose death was caused in whole or inpart by ingestion or other exposure to any illegal controlled substance.
(b) A civil action for treble damages, punitive damages, and costs of addiction treatmentor rehabilitation may be brought against any person under Subsection (2) by a person who hasbecome or is addicted to any illegal controlled substance and the addiction was caused in wholeor in part by ingestion of any illegal controlled substance.
(4) The burden is on the estate or the addicted person to prove the causal connectionbetween the death or addiction, any substances provided or administered to the deceased oraddicted person, and the defendant.
(5) This section does not establish liability of or create a cause of action regarding:
(a) a parent or guardian of a person younger than 18 years of age who acts in violation ofthis section, unless the parent or guardian acts in violation of this section; or
(b) a person who is licensed under Title 58, Chapter17b, Pharmacy Practice Act, andwho acts in accordance with the act.
Amended by Chapter 345, 2010 General Session