13-60-206. Private right of action.
| (1) |
Terms Used In Utah Code 13-60-206- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Employer: means the same as that term is defined in Section 34A-2-103. See Utah Code 13-60-203
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
| (a) |
An individual whose legal rights arising under this part have been violated after June 30, 2003, may recover damages and be granted equitable relief in a civil action. |
| (b) |
Subsection (1)(a) does not create a legal right prior to the Legislature enacting the right under this part. |
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| (2) |
Any insurance company or employer who violates the legal rights of an individual arising from this part shall be liable to the individual for each separate violation in an amount equal to:
| (a) |
actual damages sustained as a result of the violation; |
| (b) |
| (i) |
$100,000 if the violation is the result of an intentional and willful act; or |
| (ii) |
punitive damages if the violation is the result of a malicious act; and |
|
| (c) |
reasonable attorneys’ fees. |
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Renumbered and Amended by Chapter 327, 2023 General Session
