Sidewalk and Public Property Falls in Utah

Utah waives governmental immunity for injuries caused by a defective, unsafe or dangerous condition of a highway, road, street, alley, crosswalk, sidewalk, culvert, tunnel, bridge or other structure on them (subject to the exceptions in 63G-7-201(3)), so a city can be sued for a sidewalk defect under the Governmental Immunity Act's notice rules and damage limits. Utah's model jury instruction on persons on a public way addresses a defendant who created a condition affecting a public way (or allowed it), failed to use reasonable care to make it safe after knowing or when it should have known of it.

Claims against any Utah governmental entity, including cities, towns, counties, school districts and special districts, go under the Governmental Immunity Act, which covers state and local government alike. A written notice of claim must be filed within one year after the claim arises, delivered to the city or town clerk, the county clerk, the school district superintendent or business administrator, or the special district's board officer as applicable. The entity must acknowledge the notice within 60 days; the claimant may not sue until 60 days after filing the notice and must sue within two years after the claim arises. Judgments for personal injury are capped at the statutory amount ($583,900 per person, $233,600 for property damage, and $3,000,000 aggregate per occurrence as written in the statute), adjusted under a statutory formula.

Under the Governmental Immunity Act, a written notice of claim must be filed with the government entity within one year after the claim arises (a claim does not arise until the claimant knew or reasonably should have known of the claim and the entity's identity). The claimant may not sue until 60 days after filing the notice, and must sue within two years after the claim arises. Judgments for personal injury are capped (the statute lists $583,900 per person and $233,600 for property damage per occurrence, with a $3,000,000 aggregate per occurrence), and the limits are adjusted periodically under a statutory formula.

Utah's statutes do not list a specific deadline for ordinary negligence personal injury claims. They fall under the four-year limit for relief "not otherwise provided for by law." Claims against the state, a political subdivision, or their employees for injury to personal rights have a two-year limit.