Wrongful Death:

Utah

78-11-6.   Injury or death of child -- Suit by parent or guardian.

     Except as provided in Title 34A, Chapter 2, Workers' Compensation Act, a parent or guardian may maintain an action for the death or injury of a minor child when the injury or death is caused by the wrongful act or neglect of another. Any civil action may be maintained against the person causing the injury or death or, if the person is employed by another person who is responsible for that person's conduct, also against the employer. If a parent, stepparent, adoptive parent, or legal guardian is the alleged defendant in an action for the death or injury of a child, a guardian ad litem may be appointed for the injured child or a child other than the deceased child according to the procedures outlined in Section 78-7-9. 

Amended by Chapter 131, 2003 General Session

 

78-11-6.5.   Definition of heir.

     As used in Sections 78-11-7, 78-11-8, and 78-11-12, "heirs" means:

     (1) the following surviving persons:

     (a) the decedent's spouse;

     (b) the decedent's children as provided in Section 75-2-114;

     (c) the decedent's natural parents, or if the decedent was adopted, then his adoptive parents;

     (d) the decedent's stepchildren who:

     (i) are in their minority at the time of decedent's death; and

     (ii) are primarily financially dependent on the decedent.

     (2) "Heirs" means any blood relative as provided by the law of intestate succession if the decedent is not survived by a person under Subsections (1)(a), (b), or (c). 

Amended by Chapter 39, 1998 General Session

 

78-11-7.   Death of adult -- Suit by heir or personal representative.

     Except as provided in Title 34A, Chapter 2, Workers' Compensation Act, when the death of a person not a minor is caused by the wrongful act or neglect of another, his heirs, or his personal representatives for the benefit of his heirs, may maintain an action for damages against the person causing the death, or, if such person is employed by another person who is responsible for his conduct, then also against such other person. If such adult person has a guardian at the time of his death, only one action can be maintained for the injury to or death of such person, and such action may be brought by either the personal representatives of such adult deceased person, for the benefit of his heirs, or by such guardian for the benefit of the heirs as provided in Section 78-11-6. In every action under this and Section 78-11-6 such damages may be given as under all the circumstances of the case may be just. 

Amended by Chapter 131, 2003 General Session

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