1. (1) A person may not assert a claim, including a qualified civil liability action, against a manufacturer or seller of a qualified product, or a trade association, unless the claim:

   1. (a) is based on an exception described in Subsection 53-5d-102(8)(c); and

   2. (b) pleads with particularity the factual allegations providing the basis for the application of the exception described in Subsection (1)(a), including the factual allegations necessary to establish:

      1. (i) the defendant's culpable mental state; and
      2. (ii) that the defendant was the proximate cause of the damages alleged in the claim.

2. (2) A court shall construe an exception described in Subsection 53-5d-102(8)(c):

   1. (a) to limit the scope of a permissible claim, if there is a conflict between an exception and state statutory or common law; and
   2. (b) in harmony with other exceptions described in Subsection 53-5d-102(8)(c).

3. (3) A court shall dismiss a claim brought against a manufacturer, seller, or trade association unless the claim:

   1. (a) alleges an exception described in Subsection 53-5d-102(8)(c); and
   2. (b) complies with the requirements described in Subsection (1).

4. (4)

   1. (a) A defendant who prevails in a motion to dismiss a claim under Subsection (3) is entitled to reasonable attorney fees and court costs.
   2. (b) A defendant may appeal an interlocutory order of a court that denies the defendant's motion to dismiss a claim under Subsection (3).
5. (5) A foreign nation may not assert an exception described in Subsection 53-5d-102(8).

Amended by Chapter 464, 2026 General Session