Utah Governmental Immunity Act Claims: Suing a City, County, School District, or the State
General information, not legal advice. Read the full disclaimer.
Short answer: In Utah, a governmental entity and its employees are immune from suit for injuries resulting from governmental functions except where the Governmental Immunity Act (Utah Code Title 63G, Chapter 7) waives immunity. If you have a claim, you must file a written notice of claim within one year after the claim arises or it is barred (§ 63G-7-402), you generally can't file a lawsuit until 60 days after the notice, and the lawsuit must be started within two years after the claim arises (§ 63G-7-403). Judgments are capped by a formula-adjusted limit.
Who this guide is for
People injured on public property, by a government driver, or through a public employee's negligence — in Utah cities, counties, school districts, transit agencies, state agencies, or other public bodies — who want to know whether and how they can sue.
The basic rule and its waivers
Immunity is the default for governmental functions. The Act then waives immunity for specific situations, including:
- Dangerous conditions of roads and structures. Injuries caused by a defective, unsafe, or dangerous condition of any highway, road, street, alley, crosswalk, sidewalk, culvert, tunnel, bridge, or structure on them — or of a public building, dam, reservoir, or other public improvement (§ 63G-7-301(2)(h)). But the Act retains immunity for latent dangerous or defective conditions (§ 63G-7-201(3)).
- Negligent employees. Injuries proximately caused by a negligent act or omission of an employee committed within the scope of employment (§ 63G-7-301(2)(i)), subject to the exceptions in the Act.
- Contracts and certain property actions, among other waivers.
When immunity is waived, liability is determined "as if the entity were a private person," and no waiver creates strict or absolute liability (§ 63G-7-202(1)).
Immunities that remain
Even where negligence is alleged, the Act keeps immunity for injuries arising from, among other things:
- a discretionary function, whether or not discretion is abused;
- inspections — failing to inspect or inspecting inadequately;
- permit and license decisions;
- assault, battery, false arrest, and similar intentional torts (with exceptions);
- incarceration;
- a natural condition on publicly owned land;
- operating an emergency vehicle while driven in accordance with the statute's requirements;
- emergency medical assistance and firefighting;
- wildlife activity on a public or private road.
Because the exceptions are specific, the exact facts of your injury determine whether the claim can proceed. See the specific guides: Utah Road Defect Claims Against UDOT and Cities, Utah Government Vehicle Accident Claims, and Utah Public School Injury Claims.
The timeline
| Step | Deadline |
|---|---|
| Notice of claim filed with the entity | Within one year after the claim arises (§ 63G-7-402) |
| Entity acknowledges the notice | Within 60 days of the notice, in writing (§ 63G-7-403(1)) |
| Earliest you can sue | 60 days after the notice is filed |
| Latest you can sue | Two years after the claim arises (§ 63G-7-403(2)(b)) |
| Refiling after a non-merits dismissal | Within one year after the first action failed, once |
A claim "arises" when the statute of limitations that would apply against a private person begins to run — but the clock doesn't start until you knew, or with reasonable diligence should have known, that you had a claim and who the governmental entity or employee was. You bear the burden of proving reasonable diligence. See Utah Notice of Claim Against a Government Entity for the notice's contents and delivery.
Damage caps
The Act limits judgments. As enacted in 2019, a judgment for personal injury against a governmental entity for one person in one occurrence was limited to $583,900, property damage to $233,600 per occurrence, and $3,000,000 total for all individual awards from one occurrence. Those limits are adjusted by formula under § 63G-7-605; the Division of Risk Management publishes the adjusted amounts in rule R37-4, and the current figures are higher than the 2019 numbers (for example, one version of the rule lists $911,300 per person for claims arising in the period beginning July 1, 2024). Confirm the amount for your claim's date. The caps don't apply to compensation owed when government takes or damages private property for public use.
Employees and personal liability
An action under the Act against the entity is generally the exclusive remedy for acts within the scope of employment, and a judgment against the entity bars claims against the employee. Exceptions exist — for example, fraud or willful misconduct, or an employee driving while impaired by alcohol or drugs. A general duty owed to the public doesn't create a duty to an individual unless there is a special relationship.
Fault allocation
Under Utah's Liability Reform Act, a governmental entity immune from suit can still be assigned fault in your case, which can reduce what you collect from other defendants. See Utah's Several-Liability Rule.
Frequently asked questions
How long do I have to give notice to a Utah city or county?
One year after your claim arises — or the claim is barred.
Can I sue right after sending the notice?
No. You can't file an action until 60 days after the notice is filed.
How long do I have to file the lawsuit?
Within two years after the claim arises.
Is there a cap on damages?
Yes. The cap is set by formula and adjusted periodically; check the current amount.
What if I was a child when I was hurt?
The entity can ask the court to appoint a guardian ad litem for a minor or mentally incompetent claimant, and the notice deadline then runs from the order appointing the guardian ad litem.