An individual who is injured, physically or otherwise, as a result of any policy or rule prohibited by Section 34-45-103, may bring a civil action in a court of competent jurisdiction against any person that violates the provisions of Section 34-45-103.
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Terms Used In Utah Code 34-45-105
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Person: means an individual, property owner, landlord, tenant, employer, business entity, or other legal entity. See Utah Code 34-45-102
(2)
Any individual who asserts a claim under this section is entitled to request:
(a)
declaratory relief;
(b)
temporary or permanent injunctive relief to prevent the threatened or continued violation;
(c)
recovery for actual damages sustained; and
(d)
punitive damages, if:
(i)
serious bodily injury or death occurs as a result of the violation of Section 34-45-103; or
(ii)
the person who violates Section 34-45-103 has previously been notified by the attorney general that a policy or rule violates Section 34-45-103.
(3)
The prevailing party in an action brought under this chapter may recover its court costs and reasonable attorney fees incurred.