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House passes bill limiting expansion of landowner liability to counter Restatement (Third) of Torts
Summary
H.B. 347 passed 59-11 to prevent expansion of landowner liability that sponsors said would follow the American Law Institute's Restatement (Third) of Torts. Supporters argued the bill preserves property rights and recreational access; opponents said it could undermine jury-trial rights and overreach.
Representative Wilson moved and explained an amendment to H.B. 347 and told the House the bill "freezes Utah code as it is today and prevents the expansion of liability if you're a landowner," citing concerns about the American Law Institute's Restatement (Third) of Torts.
Wilson said the bill responds to an "alarming trend" in other states and aims to protect farmers, ranchers and property owners from costly suits if trespassers are injured. He noted similar acts have passed in several other states and framed the bill as protecting property rights and encouraging recreational land access.
Opponents, including Representative King, said the measure is overbroad and undermines the Seventh Amendment right to a trial by jury by removing the ability of juries and judges to evaluate cases individually. King argued the bill imposes a one-size-fits-all legislative rule that could remove rights to present cases in court.
Supporters like Representative Frower recounted personal experiences — including livestock encounters — and said the law would reduce costly litigation and help property owners protect themselves.
Representative Wilson clarified that lines 175–179 of the bill retain some liability and responsibility for landowners but asserted the measure was necessary to prevent expansion of an approach that would make landowners responsible for all entrants.
The bill passed the House 59-11 and will be transmitted to the Senate.
