Utah Code » Title 78B, Chapter 3 — Civil Actions; part 78B-3-1 — Right to Sue and Be Sued
Utah Code

Utah Code § 78B-3-102 (2026)

Injury of a child -- Suit by parent or guardian

✓ current as of May 2026
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Except as provided in Title 34A, Chapter 2, Workers' Compensation Act, a parent or guardian may bring an action for the injury of a minor child when the injury is caused by the wrongful act or neglect of another.
A civil action may be maintained against the person causing the injury 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 injury of a child, a guardian ad litem may be appointed for the injured child according to the procedures outlined in Sections 78A-2-703 and 78A-2-705.
Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2009–2025 · leading case: Carranza v. United States, 267 P.3d 912 (Utah 2011).
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Carranza v. United States, 267 P.3d 912 (Utah 2011). · cites it 2× “Utah Code Ann. § 78B-3-102 (Supp.2011). At the same time, the legislature amended Utah Code section 78B-3-106(1) to state that "when the death of a person is caused by the wrongful act or neglect of another, his heirs .”
H.C. Ex Rel. Covington v. Johnson, 2009 UT App 187 (Utah Ct. App. 2009). · cites it 6× “On appeal, Covington asserts that under Utah Code section 78B-8-102(1), see Utah Code Ann. § 78B-3-102(1) (2008), natural parents have standing to sue on behalf of their minor children.”
Kingsley v. Amazon.com Servs. LLC (D. Utah 2025). · cites it 2× “” Utah Code Ann. § 78B-3-101.3(2), (5). DXM notes that while Utah law expressly authorizes a parent or guardian to bring an action in tort for the injury of a minor child, see Utah Code Ann.”
— Utah Code § 78B-3-102(1) — 1 case
H.C. Ex Rel. Covington v. Johnson, 2009 UT App 187 (Utah Ct. App. 2009). “On appeal, Covington asserts that under Utah Code section 78B-8-102(1), see Utah Code Ann. § 78B-3-102(1) (2008), natural parents have standing to sue on behalf of their minor children.”
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