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Utah Code Title 53. Public Safety Code § 53-7-225.1. Civil liability

Current as of January 01, 2025 | Updated by Findlaw Staff

(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).

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Cite this article: FindLaw.com - Utah Code Title 53. Public Safety Code § 53-7-225.1. Civil liability - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-53-public-safety-code/ut-code-sect-53-7-225-1/

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