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

Utah Code § 78B-3-106 (2026)

Death of a person -- Suit by heir or personal representative

✓ current as of May 2026
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Except as provided in Title 34A, Chapter 2, Workers' Compensation Act, when the death of a person is caused by the wrongful act or neglect of another, his heirs, or his personal representatives for the benefit of his heirs, may maintain an action for damages against the person causing the death, or, if the person is employed by another person who is responsible for his conduct, then against the other person.
If the adult person has a guardian at the time of his death, only one action may be maintained for the person's injury or death.
The action may be brought by either the personal representatives of the adult deceased person, for the benefit of the person's heirs, or by the guardian for the benefit of the heirs, as defined in Section 78B-3-105.
In every action under this section and Section 78B-3-105 damages may be given as under all the circumstances of the case may be just.
Notes of Decisions
Cited in 19 cases (6 in the last 5 years), 2011–2026 · leading case: Bagley v. Bagley, 2016 UT 48 (Utah 2016).
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Bagley v. Bagley, 2016 UT 48 (Utah 2016). · cites it 9× “Vom Baur’s heir, brought her first cause of action pursuant to Utah Code section 78B-3-106, Utah’s wrongful death statute, alleging that Defendant negligently caused Mr.”
Riggs v. Georgia-Pac. LLC, 2015 UT 17 (Utah 2015). · cites it 14× “Based on the language of Utah Code section 78B-3-106 as well as article XVI, section 5 of the Utah Constitution, we conclude that a decedent's heirs may bring an action for wrongful death even when the decedent prevailed in a related personal injury suit during his or her…”
Carranza v. United States, 267 P.3d 912 (Utah 2011). · cites it 6× “10 This decision is limited to the statute as it existed before its amendment in 2009 and thus it does not address whether Utah Code section 78B-3-106(1) allows an action for the wrongful death of an unborn child.”
Faucheaux v. Provo City, 2019 UT 41 (Utah 2019). · cites it 3× “” UTAH CODE § 78B-3-106(1). Our code thus limits the appropriate plaintiffs in a wrongful death suit to either heirs or personal representatives of an estate suing on behalf of the heirs.”
Peng v. Meeks, 2024 UT 5 (Utah 2024). · cites it 3× “¶52 Like other jurisdictions, the Utah Legislature enacted statutes that allow for both wrongful death claims, see UTAH CODE § 78B-3-106, and survival claims, see id.”
Benda v. Roman Catholic Bishop of Salt Lake City, 2016 UT 37 (Utah 2016). · cites it 2× “” By “injuries resulting in death,” the defendants seem to be referencing the wrongful death statute in Utah Code section 78B-3-106. That statute does not explicitly mention loss of consortium, and it focuses exclusively on recovery in wrongful death cases, in no way occupying…”
Deggs v. Asbestos Corp., 354 P.3d 1 (Wash. Ct. App. 2015). · cites it 2× “’ ” Riggs, 2015 UT 17 , ¶ 11 (quoting Utah Code § 78B-3-106(l)). “When faced with such ‘clear and unequivocal’ language,” the court continued, “there is no further need for analysis.”
Faucheaux v. Provo City, 2018 UT App 150 (Utah Ct. App. 2018). · cites it 11× “See Utah Code Ann. § 78B-3-106 (LexisNexis 2012).”
Feldman v. Salt Lake City, 2021 UT 4 (Utah 2021). “‖ UTAH CODE § 78B-3-106(1). ¶19 The Feldmans argue that because a wrongful death claim has its own statutory basis, it is ―different and separate from a personal injury claim.”
Bagley v. Bagley, 2015 UT App 33 (Utah Ct. App. 2015). · cites it 4× “Plaintiffs asserted two causes of action: a wrongful death claim as Vom Baur's heir, see Utah Code Ann. § 78B-3-106 (LexisNexis 2012), and a survival action on behalf of Vom Baur's estate, see id.”
Castro v. Melchor, 366 P.3d 1058 (Haw. App. 2016). “2d 1053, 1056 (1985); Utah Code Ann. §§ 78B-3-106, 78B-3-107 (Westlaw 2015) & Carranza v.”
Riggs v. Georgia-Pac., 2015 UT 17 (Utah 2015). · cites it 26× “1 In this case we are asked to examine Utah‘s wrongful death cause of action, which is found both in the Utah Code, at section 78B-3-106, and the Utah Constitution, in article XVI, section 5.”
Show all 19 citing cases →
— Utah Code § 78B-3-106(1) — 12 cases
Bagley v. Bagley, 2016 UT 48 (Utah 2016). “Vom Baur’s heir, brought her first cause of action pursuant to Utah Code section 78B-3-106, Utah’s wrongful death statute, alleging that Defendant negligently caused Mr.”
Carranza v. United States, 267 P.3d 912 (Utah 2011). “10 This decision is limited to the statute as it existed before its amendment in 2009 and thus it does not address whether Utah Code section 78B-3-106(1) allows an action for the wrongful death of an unborn child.”
Faucheaux v. Provo City, 2019 UT 41 (Utah 2019). “” UTAH CODE § 78B-3-106(1). Our code thus limits the appropriate plaintiffs in a wrongful death suit to either heirs or personal representatives of an estate suing on behalf of the heirs.”
Peng v. Meeks, 2024 UT 5 (Utah 2024). “¶52 Like other jurisdictions, the Utah Legislature enacted statutes that allow for both wrongful death claims, see UTAH CODE § 78B-3-106, and survival claims, see id.”
Feldman v. Salt Lake City, 2021 UT 4 (Utah 2021). “‖ UTAH CODE § 78B-3-106(1). ¶19 The Feldmans argue that because a wrongful death claim has its own statutory basis, it is ―different and separate from a personal injury claim.”
— Utah Code § 78B-3-106(3) — 1 case
Faucheaux v. Provo City, 2018 UT App 150 (Utah Ct. App. 2018). “See Utah Code Ann. § 78B-3-106 (LexisNexis 2012).”
— Utah Code § 78B-3-106(4) — 1 case
Peng v. Meeks, 2024 UT 5 (Utah 2024). “¶52 Like other jurisdictions, the Utah Legislature enacted statutes that allow for both wrongful death claims, see UTAH CODE § 78B-3-106, and survival claims, see id.”
— Utah Code § 78B-3-106(l) — 2 cases
Bagley v. Bagley, 2016 UT 48 (Utah 2016). “Vom Baur’s heir, brought her first cause of action pursuant to Utah Code section 78B-3-106, Utah’s wrongful death statute, alleging that Defendant negligently caused Mr.”
Deggs v. Asbestos Corp., 354 P.3d 1 (Wash. Ct. App. 2015). “’ ” Riggs, 2015 UT 17 , ¶ 11 (quoting Utah Code § 78B-3-106(l)). “When faced with such ‘clear and unequivocal’ language,” the court continued, “there is no further need for analysis.”
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