Utah Code § 53-7-225.1

Current through the 2024 Fourth Special Session
Section 53-7-225.1 - Civil liability
(1)
(a) An individual who negligently, recklessly, or intentionally causes or spreads a fire through discharge of a class C explosive is liable for the cost of suppressing that fire and any damages the fire causes.
(b) If the individual described in Subsection (1)(a) is a minor, the parent or legal guardian having legal custody of the minor is liable for the costs and damages for which the minor is liable under this section.
(c) A court may waive part or all of the parent or guardian's liability for damages under Subsection (1)(b) if the court finds:
(i) good cause; and
(ii) that the parent or legal guardian:
(A) made a reasonable effort to supervise and direct the minor; or
(B) in the event the parent or guardian knew in advance of the negligent, reckless, or intentional conduct described in Subsection (1)(a), made a reasonable effort to restrain the minor.
(2)
(a) The conduct described in Subsection (1) includes any negligent, reckless, or intentional conduct, regardless of whether:
(i) the person discharges a class C common state approved explosive:
(A) within the permitted time periods described in Subsection 53-7-225(3); or
(B) in an area where discharge was not prohibited under Subsection 53-7-225(5)(b) or (c); or
(ii) the fire begins on:
(A) private land;
(B) land owned by the state or a political subdivision of the state;
(C) federal land; or
(D) tribal land.
(b) Discharging a class C explosive in an area in which fireworks are prohibited due to hazardous environmental conditions, in accordance with Subsection 15A-5-202.5(1)(b), constitutes the negligent, reckless, or intentional conduct described in Subsection (1).
(3) A person who incurs costs to suppress a fire described in Subsection (1) may bring an action under this section to recover those costs against an individual described in Subsection (1).
(4) A person who suffers damage from a fire described in Subsection (1) may:
(a) bring an action under this section for those damages against an individual described in Subsection (1); and
(b) pursue all other legal remedies in addition to seeking damages under Subsection (4)(a).

Utah Code § 53-7-225.1

Added by Chapter 189, 2018 General Session ,§ 6, eff. 5/8/2018.