Part 1 General Provisions 57-14-101 – 57-14-102
Part 2 Liability Relating to Recreational Use 57-14-201 – 57-14-205
Part 3 Liability Relating to Trespassers 57-14-301
Part 4 Inherent Risks of Certain Activities 57-14-401

Terms Used In Utah Code > Title 57 > Chapter 14

  • Agency: means :
    (a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and
    (b) an insurance organization licensed or required to be licensed under Section 31A-23a-301, 31A-25-207, or 31A-26-209. See Utah Code 31A-1-301
  • Application: means a document:
    (a) 
    (i) completed by an applicant to provide information about the risk to be insured; and
    (ii) that contains information that is used by the insurer to evaluate risk and decide whether to:
    (A) insure the risk under:
    (I) the coverage as originally offered; or
    (II) a modification of the coverage as originally offered; or
    (B) decline to insure the risk; or
    (b) used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301
  • Charge: means the admission price or fee asked in return for permission to enter or go upon the land. See Utah Code 57-14-102
  • Child: means an individual who is 16 years of age or younger. See Utah Code 57-14-102
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuing care: means furnishing or providing access to an individual, other than by an individual related to the individual by blood, marriage, or adoption, of lodging together with nursing services, medical services, or other related services pursuant to a contract requiring an entrance fee. See Utah Code 31A-44-102
  • Continuing care contract: means a contract under which a provider provides continuing care to a resident. See Utah Code 31A-44-102
  • Contract: A legal written agreement that becomes binding when signed.
  • Department: means the Insurance Department. See Utah Code 31A-1-301
  • Director: means a member of the board of directors of a corporation. See Utah Code 31A-1-301
  • Employee: means :
    (a) an individual employed by an employer; and
    (b) an owner who meets the requirements of Subsection (52)(b)(i). See Utah Code 31A-1-301
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Facility: means a place in which a person provides continuing care pursuant to a continuing care contract. See Utah Code 31A-44-102
  • Filed: means that a filing is:
    (i) submitted to the department as required by and in accordance with applicable statute, rule, or filing order;
    (ii) received by the department within the time period provided in applicable statute, rule, or filing order; and
    (iii) accompanied by the appropriate fee in accordance with:
    (A) Section 31A-3-103; or
    (B) rule. See Utah Code 31A-1-301
  • Filing: when used as a noun, means an item required to be filed with the department including:
    (a) a policy;
    (b) a rate;
    (c) a form;
    (d) a document;
    (e) a plan;
    (f) a manual;
    (g) an application;
    (h) a report;
    (i) a certificate;
    (j) an endorsement;
    (k) an actuarial certification;
    (l) a licensee annual statement;
    (m) a licensee renewal application;
    (n) an advertisement;
    (o) a binder; or
    (p) an outline of coverage. See Utah Code 31A-1-301
  • Ground lease: means a lease to a provider of the land and infrastructure improvements to the land on which a facility is located. See Utah Code 31A-44-102
  • Highway: includes :Utah Code 48-2e-1156
  • Individual: means a natural person. See Utah Code 31A-1-301
  • Inherent risks: means those dangers, conditions, and potentials for personal injury or property damage that are an integral and natural part of participating in an activity for a recreational purpose. See Utah Code 57-14-102
  • Land: includes :Utah Code 48-2e-1156
  • Land: includes roads, railway corridors, water, water courses, private ways and buildings, structures, and machinery or equipment when attached to the realty. See Utah Code 57-14-102
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Oath: includes "affirmation. See Utah Code 48-2e-1156
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Order: means an order of the commissioner. See Utah Code 31A-1-301
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means the possessor of any interest in the land, whether public or private land, including a tenant, a lessor, a lessee, an occupant, or person in control of the land. See Utah Code 57-14-102
  • Person: means :Utah Code 48-2e-1156
  • Person: includes any person, regardless of age, maturity, or experience, who enters upon or uses land for recreational purposes. See Utah Code 57-14-102
  • Person: includes :
    (a) an individual;
    (b) a partnership;
    (c) a corporation;
    (d) an incorporated or unincorporated association;
    (e) a joint stock company;
    (f) a trust;
    (g) a limited liability company;
    (h) a reciprocal;
    (i) a syndicate; or
    (j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
  • Provider: means :
    (i) the owner of a facility;
    (ii) a person, other than a resident, that claims a possessory interest in a facility; or
    (iii) a person who enters into a continuing care contract with a resident or potential resident. See Utah Code 31A-44-102
  • Rate: means :
    (i) the cost of a given unit of insurance; or
    (ii) for property or casualty insurance, that cost of insurance per exposure unit either expressed as:
    (A) a single number; or
    (B) a pure premium rate, adjusted before the application of individual risk variations based on loss or expense considerations to account for the treatment of:
    (I) expenses;
    (II) profit; and
    (III) individual insurer variation in loss experience. See Utah Code 31A-1-301
  • Recreational purpose: includes , but is not limited to, any of the following or any combination thereof:
    (a) hunting;
    (b) fishing;
    (c) swimming;
    (d) skiing;
    (e) snowshoeing;
    (f) camping;
    (g) picnicking;
    (h) hiking;
    (i) studying nature;
    (j) waterskiing;
    (k) engaging in water sports;
    (l) engaging in equestrian activities;
    (m) using boats;
    (n) mountain biking;
    (o) riding narrow gauge rail cars on a narrow gauge track that does not exceed 24 inch gauge;
    (p) using off-highway vehicles or recreational vehicles;
    (q) viewing or enjoying historical, archaeological, scenic, or scientific sites;
    (r) aircraft operations; and
    (s) equestrian activity, skateboarding, skydiving, paragliding, hang gliding, roller skating, ice skating, walking, running, jogging, bike riding, or in-line skating. See Utah Code 57-14-102
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Resident: means an individual entitled to receive continuing care in a facility pursuant to a continuing care contract. See Utah Code 31A-44-102
  • Serious physical injury: means any physical injury or set of physical injuries that:
    (a) seriously impairs a person's health;
    (b) was caused by use of a dangerous weapon as defined in Section 76-1-601;
    (c) involves physical torture or causes serious emotional harm to a person; or
    (d) creates a reasonable risk of death. See Utah Code 57-14-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 48-2e-1156
  • Statute: A law passed by a legislature.
  • Trespasser: means a person who enters on the land of another without:
    (a) express or implied permission; or
    (b) invitation. See Utah Code 57-14-102
  • Writing: includes :Utah Code 48-2e-1156
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