Liability Arising from Wildfires

Is the County Responsible for Injury or Damage to Property from Wildfires?

With Utah experiencing a historic year for wildland fires, UCIP has received several inquiries regarding property owners asking if the county will pay for damage to their property arising from wildfires.

While each case will be considered on its own merits, counties (and Fire Districts) should be aware that state statute provides significant immunity from claims arising from fires, and that generally a county or district are not liable for these claims.

The Governmental Immunity Act (GIA) provides immunity for government entities, officials, employees and volunteers for claims arising from fires including:

·      UCA 63G-7-201(1) provides immunity for any “governmental function”, including an entity’s failure to act;

·      UCA 63G-7-201(2)(iii) provides immunity from claims arising from responding to a national, state or local emergency;

·      UCA 63G-7-201(4)(s) provides immunity for the activity of (i)fighting fire, and (iii) emergency evacuation;

·      UCA 63G-7-201(5) provides various immunities related to wildland urban interface property activities: and

·      UCA 63G-7-202(5) clarifies that a general duty a governmental entity owes to the public (like firefighting) does not create a specific duty to an individual member of the public.

If a person believes the county is responsible for injury or property damage arising from fire, they must provide a written Notice of Claim in compliance with the GIA.  Forward that claim to UCIP for review. Any such claim will likely be defended using one or more of the immunities outlined above.