Utah Code Ann. § 53-7-225.1

Civil liability.

Effective May 7, 2025Amended by Chapter 18, 2025 General Session
  1. (1)

    1. (a) An individual who negligently, recklessly, or intentionally causes or spreads a fire through discharge of a division 1.4G explosive is liable for the cost of suppressing that fire and any damages the fire causes.
    2. (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.
    3. (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:

      1. (i) good cause; and
      2. (ii) that the parent or legal guardian:

        1. (A) made a reasonable effort to supervise and direct the minor; or
        2. (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. (2)

    1. (a) The conduct described in Subsection (1) includes any negligent, reckless, or intentional conduct, regardless of whether:

      1. (i) the person discharges a division 1.4G common state approved explosive:

        1. (A) within the permitted time periods described in Subsection 53-7-225(3); or
        2. (B) in an area where discharge was not prohibited under Subsection 53-7-225(5)(b) or (c); or
      2. (ii) the fire begins on:

        1. (A) private land;
        2. (B) land owned by the state or a political subdivision of the state;
        3. (C) federal land; or
        4. (D) tribal land.
    2. (b) Discharging a division 1.4G 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. (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. (4) A person who suffers damage from a fire described in Subsection (1) may:

    1. (a) bring an action under this section for those damages against an individual described in Subsection (1); and
    2. (b) pursue all other legal remedies in addition to seeking damages under Subsection (4)(a).

Amended by Chapter 18, 2025 General Session

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