Utah Code
Utah Code § 78B-2-108 (2026)
Effect of disability -- Minority or mental incompetence -- Damages
✓ current as of May 2026
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An individual may not bring a cause of action while the individual is:
under 18 years old; or
mentally incompetent without a legal guardian.
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.
A cause of action under this section includes any claim:
for general or special damages; or
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.
Notes of Decisions
Cited in 12
cases (5 in the last 5 years), 2009–2025 · leading case: Zilleruelo v. Commodity Transporters, 2022 UT 1 (Utah 2022).
Zilleruelo v. Commodity Transporters, 2022 UT 1 (Utah 2022). “In response, Zilleruelo argued that because he was mentally incompetent for the year following the collision, Utah Code section 78B-2-108 (the Tolling Statute) had tolled the statute of limitations.”
Ladd v. Bowers Trucking, Inc., 2011 UT App 355 (Utah Ct. App. 2011). “§ 78B-2-307 (2008), but the limitations period can be tolled in situations where the plaintiff is mentally incompetent, see Utah Code Ann. § 78B-2-108; Ellis, 2007 UT 77, ¶¶ 30-36 , 169 P.”
McBroom v. Child, 2016 UT 38 (Utah 2016). “9 Utah Code § 78B-2-108. Under the applicable statute of limitations, he was required to bring his claim against KeyBank’s predecessor, Commercial Security Bank, within three years of that date.”
Martinez v. Dale, 2020 UT App 134 (Utah Ct. App. 2020). “” Utah Code Ann. § 78B-2-108 (LexisNexis 2011).”
Walker Ex Rel. Walker v. Stowell, 2009 UT 82 (Utah 2009). “This statute was amended in 2008 and renumbered as section 78B-2-108. Because substantive changes were made to the statute, we refer to the 2002 version of the statute in effect at the time of the appeal.”
Goetz v. North Carolina Dep't of Health & Human Servs., 692 S.E.2d 395 (N.C. Ct. App. 2010). “§§ 13-81-101 (3), -103(c)(1) (2009) (requiring a “person under disability” to take action within 2 years of the disability being removed and defining “person with disability” to include minors under the age of 18); Utah Code Ann. § 78B-2-108 (2008) (“During the *428 time the…”
McKell v. McKell, 2024 UT App 72 (Utah Ct. App. 2024). “” Utah Code § 78B-2-108(2). Summer stated that “[t]he statute of limitations on [her] claims was tolled until the appointment of her guardian” and that “her claims were timely filed within the applicable statutes of limitation” because she “brought this action within four years…”
Goetz v. Nc Dept. of Health & Human Svcs., 692 S.E.2d 395 (N.C. Ct. App. 2010). “§§ 13-81-101(3), -103(c)(1) (2009) (requiring a "person under disability" to take action within 2 years of the disability being removed and defining "person with disability" to include minors under the age of 18); Utah Code Ann. § 78B-2-108 (2008) ("During the time the person is…”
Rodriguez v. Crosby, 2024 UT App 7 (Utah Ct. App. 2024). “3d 465 (stating that parents have a fundamental right to make decisions regarding their children’s medical care), and it was Rodriguez’s choice to file suit on her minor child’s behalf where the statute of limitations did not begin to run until Child became an adult, see Utah…”
Eyring v. Fondaco, 667 F. App'x 983 (10th Cir. 2016). “On appeal, Eyring first contends that Utah’s minor tolling statute, Utah Code Ann. § 78B-2-108, prevented the statute of limitations from running on his son’s *984 claims.”
Doe v. Nebo Sch. Dist. (D. Utah 2024). “73 In Utah, that general limitations period is four years.”
Reid v. Rapich (D. Utah 2025). “”); Utah Code § 78B-2-108 (tolling statutes of limitations when an individual plaintiff is underage).”
— Utah Code § 78B-2-108(1) — 1 case
Zilleruelo v. Commodity Transporters, 2022 UT 1 (Utah 2022). “In response, Zilleruelo argued that because he was mentally incompetent for the year following the collision, Utah Code section 78B-2-108 (the Tolling Statute) had tolled the statute of limitations.”
— Utah Code § 78B-2-108(1)(b) — 1 case
Zilleruelo v. Commodity Transporters, 2022 UT 1 (Utah 2022). “In response, Zilleruelo argued that because he was mentally incompetent for the year following the collision, Utah Code section 78B-2-108 (the Tolling Statute) had tolled the statute of limitations.”
— Utah Code § 78B-2-108(2) — 3 cases
Zilleruelo v. Commodity Transporters, 2022 UT 1 (Utah 2022). “In response, Zilleruelo argued that because he was mentally incompetent for the year following the collision, Utah Code section 78B-2-108 (the Tolling Statute) had tolled the statute of limitations.”
Rodriguez v. Crosby, 2024 UT App 7 (Utah Ct. App. 2024). “3d 465 (stating that parents have a fundamental right to make decisions regarding their children’s medical care), and it was Rodriguez’s choice to file suit on her minor child’s behalf where the statute of limitations did not begin to run until Child became an adult, see Utah…”
McKell v. McKell, 2024 UT App 72 (Utah Ct. App. 2024). “” Utah Code § 78B-2-108(2). Summer stated that “[t]he statute of limitations on [her] claims was tolled until the appointment of her guardian” and that “her claims were timely filed within the applicable statutes of limitation” because she “brought this action within four years…”
— Utah Code § 78B-2-108(3) — 1 case
Zilleruelo v. Commodity Transporters, 2022 UT 1 (Utah 2022). “In response, Zilleruelo argued that because he was mentally incompetent for the year following the collision, Utah Code section 78B-2-108 (the Tolling Statute) had tolled the statute of limitations.”
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