Utah Code 54-24-303. Fire claims against an electrical corporation
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(1) A fire claim shall be brought within two years from the date of the ignition of the fire.
Terms Used In Utah Code 54-24-303
- Commission: means the Public Service Commission. See Utah Code 54-2-1
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Corporation: includes an association and a joint stock company having any powers or privileges not possessed by individuals or partnerships. See Utah Code 54-2-1
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Fire claim: means any claim, whether based on negligence, nuisance, trespass, or any other claim for relief, brought by a non-governmental person against an electrical corporation in any civil action to recover for damage resulting from a fire event. See Utah Code 54-24-301
- Fire event: means any unplanned or uncontrolled fire in the state alleged to have been caused by an electrical corporation. See Utah Code 54-24-301
- Governing authority: means the same as that term is defined in Section 54-15-102. See Utah Code 54-24-102
- Inflation: means the seasonally adjusted Consumer Price Index for all urban consumers as published by the Bureau of Labor Statistics of the United States Department of Labor. See Utah Code 54-24-301
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Wildland fire protection plan: means a plan submitted to the commission or governing authority in accordance with the requirements of this chapter. See Utah Code 54-24-102
(2) Subject to the limitations described in this section and Section65A-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.