This text of Utah § 54-24-303 (Fire claims against an electrical corporation.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(1)A fire claim shall be brought within two years from the date of the ignition of the fire.
(2)Subject to the limitations described in this section and Section 65A-3-4, an injured plaintiff may recover for a fire claim:
(2)(a) economic losses to compensate for damage to property; and
(2)(b) noneconomic losses to compensate for pain, suffering, and inconvenience.
(3)Subject to Subsection (6), the amount of damages recoverable under Subsection (2)(a) for economic loss to property shall be calculated as the lesser of:
(3)(a) the cost to restore the property to the property's pre-fire condition; or
(3)(b) the difference between:
(3)(b)(i) the fair market value of the property immediately before the fire; and
(3)(b)(ii) the fair market value of the property after the fire.
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(1) A fire claim shall be brought within two years from the date of the ignition of the fire.
(2) Subject to the limitations described in this section and Section 65A-3-4, an injured plaintiff may recover for a fire claim:
(2)(a) economic losses to compensate for damage to property; and
(2)(b) noneconomic losses to compensate for pain, suffering, and inconvenience.
(3) Subject to Subsection (6), the amount of damages recoverable under Subsection (2)(a) for economic loss to property shall be calculated as the lesser of:
(3)(a) the cost to restore the property to the property's pre-fire condition; or
(3)(b) the difference between:
(3)(b)(i) the fair market value of the property immediately before the fire; and
(3)(b)(ii) the fair market value of the property after the fire.
(4) (4)(a) Subject to Subsections (4)(b) and (6), the amount of damages recoverable under Subsection (2)(b) for noneconomic loss may not exceed:
(4)(a)(i) for a person who is not physically injured as a result of the fire, $100,000; or
(4)(a)(ii) for a person who is physically injured as a result of the fire, $450,000.
(4)(b) The limitation described in Subsection (4)(a)(ii) does not apply in a wrongful death action.
(5) (5)(a) Beginning on July 1, 2025, and on July 1 of each year thereafter until July 1, 2031, the commission shall adjust the limitation on recoverable damages described in Subsection (4) for inflation.
(5)(b) By July 15 of each year described in Subsection (5)(a), the commission shall:
(5)(b)(i) certify the inflation-adjusted limitation on recoverable damages calculated under this subsection; and
(5)(b)(ii) inform the Administrative Office of the Courts of the adjusted limitation on recoverable damages.
(6) The limitations on an electrical corporation's liability for recoverable damages described in Subsections (3) and (4) apply unless:
(6)(a) the electrical corporation did not have a wildland fire protection plan approved by the electrical corporation's own governing authority in place before the occurrence of the fire event; or
(6)(b) the public service commission determines, in an action brought under Subsection (7), that the electrical corporation was in material noncompliance with the electrical corporation's wildland fire protection plan in the area of the fire event at the time the fire event occurred.
(7) (7)(a) A party may bring a request for agency action under Title 63G, Chapter 4, Administrative Procedures Act, requesting the commission to determine whether an electrical corporation was in material noncompliance with the electrical corporation's wildland fire protection plan in the area of a specific fire event.
(7)(b) The commission's determination for an action brought under Subsection (7)(a) is binding on all fire claims arising out of the specific fire event.
(7)(c) A party shall bring or join an action described in Subsection (7)(a) within 180 days of a fire event.
(7)(d) Unless the commission determines additional time to complete the analysis required to make a determination under (7)(a) is in the public interest, the commission shall make a determination within 120 days from the date a party files a request for a determination.