Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(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).
