Utah Code

Utah Code § 63G-7-201 (2026)

Immunity of governmental entities and employees from suit

✓ current as of May 2026

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Except as otherwise provided in this chapter, each governmental entity and each employee of a governmental entity are immune from suit for any injury that results from the exercise of a governmental function.

Notwithstanding the waiver of immunity provisions of Section 63G-7-301, a governmental entity, its officers, and its employees are immune from suit:

as provided in Section 78B-4-517; and

for any injury or damage resulting from the implementation of or the failure to implement measures to:

control the causes of epidemic and communicable diseases and other conditions significantly affecting the public health or necessary to protect the public health as set out in Title 26A, Chapter 1, Local Health Departments;

investigate and control suspected bioterrorism and disease as set out in Sections 26B-7-316 through 26B-7-324;

respond to a national, state, or local emergency, a public health emergency as defined in Section 26B-7-301, or a declaration by the President of the United States or other federal official requesting public health related activities, including the use, provision, operation, and management of:

an emergency shelter;

housing;

a staging place; or

a medical facility; and

adopt methods or measures, in accordance with Section 26B-1-202, for health care providers, public health entities, and health care insurers to coordinate among themselves to verify the identity of the individuals they serve.

A governmental entity, its officers, and its employees are immune from suit, and immunity is not waived, for any injury if the injury arises out of or in connection with, or results from:

a latent dangerous or latent defective condition of:

any highway, road, street, alley, crosswalk, sidewalk, culvert, tunnel, bridge, or viaduct; or

another structure located on any of the items listed in this Subsection (3)(a)(i); or

a latent dangerous or latent defective condition of any public building, structure, dam, reservoir, or other public improvement.

As used in this Subsection (3)(b):

"Contaminated land" means the same as that term is defined in Section 11-58-102.

"Contamination" means the condition of land that results from the placement, disposal, or release of hazardous matter on, in, or under the land, including any seeping or escaping of the hazardous matter from the land.

"Damage" means any property damage, personal injury, or other injury or any loss of any kind, however denominated.

"Environmentally compliant" means, as applicable, obtaining a certificate of completion from the Department of Environmental Quality under Section 19-8-111 following participation in a voluntary cleanup under Title 19, Chapter 8, Voluntary Cleanup Program, obtaining an administrative letter from the Department of Environmental Quality for a discrete phase of a voluntary cleanup that is conducted under a remedial action plan as defined in Section 11-58-605, or complying with the terms of an environmental covenant, as defined in Section 57-25-102, signed by an agency, as defined in Section 57-25-102, and duly recorded in the office of the recorder of the county in which the contaminated land is located.

"Government owner" means a governmental entity, including an independent entity, as defined in Section 63E-1-102, that acquires an ownership interest in land that was contaminated land before the governmental entity or independent entity acquired an ownership interest in the land.

"Hazardous matter" means hazardous materials, as defined in Section 19-6-302, hazardous substances, as defined in Section 19-6-302, or landfill material, as defined in Section 11-58-102.

"Remediation" means the same as that term is defined in Section 11-58-102.

A government owner and the government owner's officers and employees are immune from suit, and immunity is not waived, for any claim for damage that arises out of or in connection with, or results from, contamination of contaminated land.

A government owner's ownership of contaminated land may not be the basis of a claim against the government owner for damage that arises out of or in connection with, or results from, contamination of contaminated land.

Subsection (3)(b)(ii) does not limit or affect:

the liability of a person that placed, disposed of, or released hazardous matter on, in, or under the land; or

a worker compensation claim of an employee of an entity that conducts work on or related to contaminated land.

Immunity under Subsection (3)(b)(ii)(A) is not affected by a government owner's remediation of contaminated land if the government owner is environmentally compliant.

A governmental entity, its officers, and its employees are immune from suit, and immunity is not waived, for any injury proximately caused by a negligent act or omission of an employee committed within the scope of employment, if the injury arises out of or in connection with, or results from:

the exercise or performance, or the failure to exercise or perform, a discretionary function, whether or not the discretion is abused;

except as provided in Subsections 63G-7-301(2)(j), (3), and (4), assault, battery, false imprisonment, false arrest, malicious prosecution, intentional trespass, abuse of process, libel, slander, deceit, interference with contract rights, infliction of mental anguish, or violation of civil rights;

the issuance, denial, suspension, or revocation of, or the failure or refusal to issue, deny, suspend, or revoke, any permit, license, certificate, approval, order, or similar authorization;

a failure to make an inspection or making an inadequate or negligent inspection;

the institution or prosecution of any judicial or administrative proceeding, even if malicious or without probable cause;

a misrepresentation by an employee whether or not the misrepresentation is negligent or intentional;

a riot, unlawful assembly, public demonstration, mob violence, or civil disturbance;

the collection or assessment of taxes;

an activity of the Utah National Guard;

the incarceration of a person in a state prison, county or city jail, or other place of legal confinement;

a natural condition on publicly owned or controlled land;

a condition existing in connection with an abandoned mine or mining operation;

an activity authorized by the School and Institutional Trust Lands Administration or the Division of Forestry, Fire, and State Lands;

the operation or existence of a trail that is along a water facility, as defined in Section 73-1-8, stream, or river, regardless of ownership or operation of the water facility, stream, or river, if:

the trail is designated under a general plan adopted by a municipality under Section 10-20-401 or by a county under Section 17-79-401;

the trail right-of-way or the right-of-way where the trail is located is open to public use as evidenced by a written agreement between:

the owner or operator of the trail right-of-way or of the right-of-way where the trail is located; and

the municipality or county where the trail is located; and

the written agreement:

contains a plan for operation and maintenance of the trail; and

provides that an owner or operator of the trail right-of-way or of the right-of-way where the trail is located has, at a minimum, the same level of immunity from suit as the governmental entity in connection with or resulting from the use of the trail;

research or implementation of cloud management or seeding for the clearing of fog;

the management of flood waters, earthquakes, or natural disasters;

the construction, repair, or operation of flood or storm systems;

the operation of an emergency vehicle, while being driven in accordance with the requirements of Section 41-6a-212;

the activity of:

fighting fire;

regulating, mitigating, or handling hazardous materials or hazardous wastes;

an emergency evacuation;

transporting or removing an injured person to a place where emergency medical assistance can be rendered or where the person can be transported by a licensed ambulance service; or

intervening during a dam emergency;

responding to a disaster or potential disaster;

a first responder providing emergency medical services;

the exercise or performance, or the failure to exercise or perform, any function in accordance with Title 73, Chapter 10, Board of Water Resources - Division of Water Resources;

an unauthorized access to government records, data, or electronic information systems by any person or entity;

an activity of wildlife, as defined in Section 23A-1-101, that arises during the use of a public or private road;

a communication between employees of one or more law enforcement agencies related to the employment, disciplinary history, character, professional competence, or physical or mental health of a peace officer, or a former, current, or prospective employee of a law enforcement agency, including any communication made in accordance with Section 53-14-103; or

providing or failing to provide information under Section 53-27-102 or Subsection 41-1a-213(6), (7), or (8), 53-3-207(4), or 53-3-805(5).

The following are immune from suit, and immunity is not waived for an action or failure to act within the scope of duties or employment, if the injury arises out of, in connection with, or results from the implementation of Section 17E-7-401 to the extent it addresses evaluating and classifying high risk wildland urban interface property, Section 31A-22-1310, or Title 65A, Chapter 8, Part 4, Wildland Urban Interface Property:

the Division of Forestry, Fire, and State Lands;

an officer, employee, or consultant of the Division of Forestry, Fire, and State Lands;

a county;

a wildland urban interface coordinator, as defined in Section 65A-8-401;

the Insurance Department; or

an officer, employee, or consultant of the Insurance Department.

Notes of Decisions

Cited in 53 cases (29 in the last 5 years), 2010–2026 · leading case: Graves v. Utah Cnty. Gov't, 2024 UT App 80 (Utah Ct. App. 2024).

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Graves v. Utah Cnty. Gov't, 2024 UT App 80 (Utah Ct. App. 2024). · cites it 16× “¶14 Governmental immunity shields the State and its employees acting in their official capacities from suit unless the State expressly consents to being sued.”

True v. Utah Dep't of Transp., 2018 UT App 86 (Utah Ct. App. 2018). · cites it 4× “” Utah Code Ann. § 63G-7-201(1) (LexisNexis 2008).”

Mariani v. Driver License Div., 2024 UT 44 (Utah 2024). · cites it 21× “¶12 Under the present iteration of the GIA, waivers of immunity are found in section 63G-7-301.”

Bingham v. Roosevelt City Corp., 2010 UT 37 (Utah 2010). · cites it 3× “See Utah Code Ann. §§ 63G-7-201, 301 (2008). The Governmental Immunity Act has been recodified since the complaint was filed in this case.”

Craig v. Provo City, 2016 UT 40 (Utah 2016). · cites it 2× “§ 63G-7-201 (stating that governmental entities “are immune from suit” “[e]xcept as otherwise provided in this chapter”).”

Pinder v. Duchesne, 2020 UT 68 (Utah 2020). · cites it 2× “‖ UTAH CODE § 63G-7-201. An injury includes the ―loss of property.”

GeoMetWatch v. Behunin, 38 F.4th 1183 (10th Cir. 2022). “(quoting Utah Code § 63G-7-201(1)). 80 Appellate Case: 19-4130 Document: 010110703167 Date Filed: 06/29/2022 Page: 81 By the plain terms of the statute, “‘[g]overnmental entity’ means .”

Nguyen v. Ihc Health Servs., Inc., 2010 UT App 85 (Utah Ct. App. 2010). · cites it 4× “[6] The district court also ruled that punitive damages were inappropriate against the University of Utah based on the Governmental Immunity Act, see Utah Code Ann. § 63G-7-201 (2008). Nguyen does not challenge this ruling on appeal.”

Asset Acceptance LLC v. Utah State Treasurer, 2016 UT App 25 (Utah Ct. App. 2016). · cites it 4× “§ 63G-7-201(1).5 The Immunity Act defines ‚governmental function‛ as ‚each activity, undertaking, or operation‛ of a governmental entity or employee.”

Kerr v. City of Salt Lake, 322 P.3d 669 (Utah 2013). · cites it 3× “See Utah Code § 63G-7-201(l). If the Act does afford immunity, we next examine whether the Act waives immunity in the particular circumstance at issue.”

Miller v. State of Utah, 638 F. App'x 707 (10th Cir. 2016). · cites it 3× “” Utah Code § 63G-7-201(4)(a). The State entities are immune from Mr.”

Monarrez v. Utah Dep't of Transp., 2016 UT 10 (Utah 2016). “" § 63G-7-201(1). 96 . Mr, Monarrez asserts that UDOT "bore the burden of (1) identifying the Doe defendants and (2) proving that they were protected by the [GIA].”

Show all 53 citing cases →

— Utah Code § 63G-7-201(1) — 27 cases

True v. Utah Dep't of Transp., 2018 UT App 86 (Utah Ct. App. 2018). “” Utah Code Ann. § 63G-7-201(1) (LexisNexis 2008).”

Asset Acceptance LLC v. Utah State Treasurer, 2016 UT App 25 (Utah Ct. App. 2016). “§ 63G-7-201(1).5 The Immunity Act defines ‚governmental function‛ as ‚each activity, undertaking, or operation‛ of a governmental entity or employee.”

Thayer v. Washington Cnty. Sch. Dist., 285 P.3d 1142 (Utah 2012).

— Utah Code § 63G-7-201(2) — 1 case

Mariani v. Driver License Div., 2024 UT 44 (Utah 2024). “¶12 Under the present iteration of the GIA, waivers of immunity are found in section 63G-7-301.”

— Utah Code § 63G-7-201(2)(a) — 1 case

Tracy v. Stephens (D. Utah 2022).

— Utah Code § 63G-7-201(2)(b)(i) — 1 case

Tracy v. Stephens (D. Utah 2022).

— Utah Code § 63G-7-201(3) — 2 cases

Mariani v. Driver License Div., 2024 UT 44 (Utah 2024). “¶12 Under the present iteration of the GIA, waivers of immunity are found in section 63G-7-301.”

Osterkamp v. Salt Lake Cnty. (D. Utah 2020).

— Utah Code § 63G-7-201(4) — 12 cases

Graves v. Utah Cnty. Gov't, 2024 UT App 80 (Utah Ct. App. 2024). “¶14 Governmental immunity shields the State and its employees acting in their official capacities from suit unless the State expressly consents to being sued.”

Mariani v. Driver License Div., 2024 UT 44 (Utah 2024). “¶12 Under the present iteration of the GIA, waivers of immunity are found in section 63G-7-301.”

Ostler v. Harris (D. Utah 2019).

Pingree v. Univ. of Utah (D. Utah 2022).

Whiting (D. Utah 2026).

— Utah Code § 63G-7-201(4)(a) — 2 cases

Miller v. State of Utah, 638 F. App'x 707 (10th Cir. 2016). “” Utah Code § 63G-7-201(4)(a). The State entities are immune from Mr.”

Doutre v. Box Elder Cnty., 2024 UT App 58 (Utah Ct. App. 2024).

— Utah Code § 63G-7-201(4)(b) — 11 cases

Erickson v. Canyons Sch. Dist., 2020 UT App 91 (Utah Ct. App. 2020).

Osterkamp v. Salt Lake Cnty. (D. Utah 2020).

Ottley v. Corry (D. Utah 2020).

Salas v. Univ. of Utah Health Ctr. (D. Utah 2022).

Pingree v. Univ. of Utah (D. Utah 2022).

— Utah Code § 63G-7-201(4)(c) — 2 cases

Mariani v. Driver License Div., 2024 UT 44 (Utah 2024). “¶12 Under the present iteration of the GIA, waivers of immunity are found in section 63G-7-301.”

Mariani v. Driver License Div., 2023 UT App 79 (Utah Ct. App. 2023).

— Utah Code § 63G-7-201(4)(e) — 1 case

Miller v. State of Utah, 638 F. App'x 707 (10th Cir. 2016). “” Utah Code § 63G-7-201(4)(a). The State entities are immune from Mr.”

— Utah Code § 63G-7-201(4)(f) — 1 case

Catalyst Campus for Tech. & Innovation v. Brown (D. Utah 2025).

— Utah Code § 63G-7-201(4)(i) — 1 case

Mariani v. Driver License Div., 2024 UT 44 (Utah 2024). “¶12 Under the present iteration of the GIA, waivers of immunity are found in section 63G-7-301.”

— Utah Code § 63G-7-201(4)(j) — 2 cases

Rodriguez v. Cache Cnty. Corp. (D. Utah 2021).

Osterkamp v. Salt Lake Cnty. (D. Utah 2020).

— Utah Code § 63G-7-201(4)(p) — 1 case

Armenta v. Unified Fire, 2025 UT 26 (Utah 2025).

— Utah Code § 63G-7-201(4)(s) — 1 case

Armenta v. Unified Fire, 2025 UT 26 (Utah 2025).

— Utah Code § 63G-7-201(4)(s)(i) — 1 case

Armenta v. Unified Fire, 2025 UT 26 (Utah 2025).

— Utah Code § 63G-7-201(l) — 4 cases

Kerr v. City of Salt Lake, 322 P.3d 669 (Utah 2013). “See Utah Code § 63G-7-201(l). If the Act does afford immunity, we next examine whether the Act waives immunity in the particular circumstance at issue.”

Larsen v. Davis Cnty. Sch. Dist., 2017 UT App 221 (Utah Ct. App. 2017).

Miller v. State of Utah, 638 F. App'x 707 (10th Cir. 2016). “” Utah Code § 63G-7-201(4)(a). The State entities are immune from Mr.”

Whitney Ex Rel. Whitney v. Div. of Juv. Just. Servs., 468 F. App'x 871 (10th Cir. 2012).

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