Utah Code Ann. § 53-7-225.1
Civil liability.
Effective May 7, 2025Amended by Chapter 18, 2025 General Session
(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.
- (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 division 1.4G 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 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) 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:
Amended by Chapter 18, 2025 General Session