78B-2-108. Effect of disability — Minority or mental incompetence — Damages.
| (1) |
An individual may not bring a cause of action while the individual is:
Terms Used In Utah Code 78B-2-108- action: as used in this chapter includes counterclaims and cross-complaints and all other civil actions in which affirmative relief is sought. See Utah Code 78B-2-101
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: includes a person who:Utah Code 68-3-12.5
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
| (a) |
under 18 years old; or |
| (b) |
mentally incompetent without a legal guardian. |
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| (2) |
During the time that an individual is underage or mentally incompetent, the statute of limitations for a cause of action other than for the recovery of real property may not run. |
| (3) |
A cause of action under this section includes any claim:
| (a) |
for general or special damages; or |
| (b) |
for which a parent or legal guardian of an individual described in Subsection (1) may be financially responsible for the payment of general or special damages. |
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Amended by Chapter 67, 2021 General Session
