Utah Code 63G-7-102. Definitions

63G-7-102. Definitions.
As used in this chapter:

(1)

“Arises out of or in connection with, or results from,” when used to describe the relationship between conduct or a condition and an injury, means that:

Terms Used In Utah Code 63G-7-102

City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
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.
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Employee: includes :

(i)	a governmental entity's officers, employees, servants, trustees, or commissioners;

(ii)	a member of a governing body;

(iii)

a member of a government entity board;

(iv)	a member of a government entity commission;

(v)	members of an advisory body, officers, and employees of a Children's Justice Center created in accordance with Section 67-5b-102;

(vi)	a student holding a license issued by the State Board of Education;

(vii)

an educational aide;

(viii)

a student engaged in an internship under Section 53B-16-402 or 53G-7-902;

(ix)	a volunteer, as defined in Section 67-20-2; and

(x)

a tutor. See Utah Code 63G-7-102

Governmental entity: means :

(a)	the state and its political subdivisions; and

(b)

a law enforcement agency, as defined in Section 53-1-102, that employs one or more law enforcement officers, as defined in Section 53-13-103. See Utah Code 63G-7-102

Injury: means death, injury to a person, damage to or loss of property, or any other injury that a person may suffer to the person or estate, that would be actionable if inflicted by a private person or the private person's agent. See Utah Code 63G-7-102

Person: means :Utah Code 68-3-12.5

Property: includes both real and personal property. See Utah Code 68-3-12.5

Property damage: means injury to, or loss of, any right, title, estate, or interest in real or personal property. See Utah Code 63G-7-102

State: means the state of Utah, and includes each office, department, division, agency, authority, commission, board, institution, hospital, college, university, Children's Justice Center, or other instrumentality of the state. See Utah Code 63G-7-102

Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5

(a)

there is some causal relationship between the conduct or condition and the injury;

(b)	the causal relationship is more than any causal connection but less than proximate cause; and

(c)	the causal relationship is sufficient to conclude that the injury originates with, flows from, or is incident to the conduct or condition.

(2)	“Claim” means any asserted demand for or cause of action for money or damages, whether arising under the common law, under state constitutional provisions, or under state statutes, against a governmental entity or against an employee in the employee’s personal capacity.

(3)

(a)

“Employee” includes:

(i)	a governmental entity’s officers, employees, servants, trustees, or commissioners;

(ii)	a member of a governing body;

(iii)

a member of a government entity board;

(iv)	a member of a government entity commission;

(v)	members of an advisory body, officers, and employees of a Children’s Justice Center created in accordance with Section 67-5b-102;

(vi)	a student holding a license issued by the State Board of Education;

(vii)

an educational aide;

(viii)

a student engaged in an internship under Section 53B-16-402 or 53G-7-902;

(ix)	a volunteer, as defined in Section 67-20-2; and

(x)

a tutor.

(b)	“Employee” includes all of the positions identified in Subsection (3)(a), whether or not the individual holding that position receives compensation.

(c)	“Employee” does not include an independent contractor.

(4)

“Governmental entity” means:

(a)	the state and its political subdivisions; and

(b)	a law enforcement agency, as defined in Section 53-1-102, that employs one or more law enforcement officers, as defined in Section 53-13-103.

(5)

(a)	“Governmental function” means each activity, undertaking, or operation of a governmental entity.

(b)	“Governmental function” includes each activity, undertaking, or operation performed by a department, agency, employee, agent, or officer of a governmental entity.

(c)	“Governmental function” includes a governmental entity’s failure to act.

(6)	“Injury” means death, injury to a person, damage to or loss of property, or any other injury that a person may suffer to the person or estate, that would be actionable if inflicted by a private person or the private person’s agent.

(7)	“Personal injury” means an injury of any kind other than property damage.

(8)

“Political subdivision” means any county, city, town, school district, community reinvestment agency, special improvement or taxing district, special district, special service district, an entity created by an interlocal agreement adopted under Title 11, Chapter 13, Interlocal Cooperation Act, or other governmental subdivision or public corporation.

(9)	“Property damage” means injury to, or loss of, any right, title, estate, or interest in real or personal property.

(10)	“State” means the state of Utah, and includes each office, department, division, agency, authority, commission, board, institution, hospital, college, university, Children’s Justice Center, or other instrumentality of the state.

(11)	“Willful misconduct” means the intentional doing of a wrongful act, or the wrongful failure to act, without just cause or excuse, where the actor is aware that the actor’s conduct will probably result in injury.

Amended by Chapter 16, 2023 General Session

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