78B-3-102.  Injury of a child — Suit by parent or guardian.

(1)  Except as provided in Title 34A, Chapter 2, Workers’ Compensation Act, a parent or guardian may bring an action for the injury of a minor child when the injury is caused by the wrongful act or neglect of another.

Terms Used In Utah Code 78B-3-102

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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.
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • Minor: means any person under 18 years old. See Utah Code 78B-3-1001
  • Person: means :Utah Code 68-3-12.5
(2)  A civil action may be maintained against the person causing the injury or, if the person is employed by another person who is responsible for that person’s conduct, also against the employer.

(3)  If a parent, stepparent, adoptive parent, or legal guardian is the alleged defendant in an action for the injury of a child, a guardian ad litem may be appointed for the injured child according to the procedures outlined in Sections 78A-2-703 and 78A-2-705.

Amended by Chapter 267, 2014 General Session