Wyo. Stat. » Wyo. Stat. / Title 01 - Civil Procedure / Chapter 39 - GOVERNMENTAL CLAIMS / Article 4 - SPECIFIC PERFORMANCE; ACTIONS FOR
Wyoming Statutes

Wyo. Stat. § 1-39-108 (2026)

Liability; public utilities.

✓ current as of May 2026
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(a) A governmental entity is liable for damages resulting
from bodily injury, wrongful death or property damage caused by
the negligence of public employees while acting within the scope
of their duties in the operation of public utilities and
services including gas, electricity, water, solid or liquid
waste collection or disposal, heating and ground transportation.

     (b) The liability imposed pursuant to subsection (a) of
this section does not include liability for damages resulting
from bodily injury, wrongful death or property damage caused by
a failure to provide an adequate supply of gas, water,
electricity or services as described in subsection (a) of this
section.
Notes of Decisions
Cited in 27 cases (1 in the last 5 years), 1982–2023 · leading case: City of Cheyenne v. Huitt, 844 P.2d 1102 (Wyo. 1993).
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City of Cheyenne v. Huitt, 844 P.2d 1102 (Wyo. 1993). · cites it 38× “§ 1-39-104 (1988) because that immunity was exempted by Wyo.Stat. § 1-39-108 or Wyo. Stat. § 1-39-106.”
Archer v. State ex rel. Wyo. Dep't of Transp., 413 P.3d 142 (Wyo. 2018). · cites it 19× “Appellants appeal that order, and we affirm. ISSUES [¶2] 1.”
Krenning v. Heart Mountain Irrigation Dist., 2009 WY 11 (Wyo. 2009). · cites it 4× “Wyo. Stat. Ann. § 1-39-108 (a). The Kren-nings say that the Irrigation District supplies water as a public utility, and so governmental immunity has been waived for their negli-genee claims against the Irrigation District.”
City of Torrington v. Cottier, 2006 WY 145 (Wyo. 2006). · cites it 7× “It argues that immunity under Wyo. Stat. Ann. § 1-39-108 is waived only for negligence in the "operation" of a public utility and not for "maintenance.”
Sponsel v. Park Cnty., 2006 WY 6 (Wyo. 2006). · cites it 6× “If the resolution of this case were to turn on the status of those facts, summary judgment would most certainly be improper because at a minimum there could be a genuine issue of material fact in this regard.”
Weber v. State, 2011 WY 127 (Wyo. 2011). · cites it 9× “The Sawyers in that case asserted that their claim falls within Wyo. Stat. Ann. § 1-39-108 (a). The Court determined that a superficial analysis of that exception to immunity revealed that the claim asserted is not encompassed by that statute.”
Rice v. Collins Commc'n, Inc., 2010 WY 109 (Wyo. 2010). · cites it 6× “We stated in Huitt : If we would accept respondent’s contention that firefighting is included among the governmental operations for which immunity is waived by Wyo. Stat. § 1-39-108, although not so specified therein, the same could also be true for all other governmental…”
Worden v. Vill. Homes, 821 P.2d 1291 (Wyo. 1991). · cites it 6× “Worden relies upon W.S. 1-39-108 to argue that a statutory exception exists to the grant of immunity which would allow this cause of action.”
Evelyn Difelici, f/n/a Evelyn Barnes v. City of Lander, 2013 WY 141 (Wyo. 2013). · cites it 3× “Scope of § 1-39-108 exception to immunity [¶ 13] We begin by analyzing whether § 1-89-108 waives immunity for a claim like that involved in this case.”
The Tavern, LLC, & SALL, LLC v. The Town of Alpine, Wyoming, & Nelson Eng'g, a Wyoming Corp., 2017 WY 56 (Wyo. 2017). · cites it 2× “, Wyo. Stat. Ann. § 1-39-108 (LexisNexis 2015) (waiving immunity for bodily injury, wrongful death or property damage resulting for activities of public utilities including handling solid and liquid waste only for negligence, not intentional or “tortious conduct,” of public…”
Whitham v. Feller, 415 P.3d 1264 (Wyo. 2018). · cites it 2× “In response, the Whithams asserted that the waiver of immunity for "public utilities" in § 1-39-108 applied to school districts. The Whithams also argued that the school district employees were not immune because, by violating school policy and potentially criminal statutes,…”
Jacob Fugle v. Sublette Cnty. Sch. Dist. 9 & Stephen Nelson, 2015 WY 98 (Wyo. 2015). · cites it 2× “§ 1-39-105); 107); public utilities (Wyo.Stat.Ann. § 1-39-108); and medical facilities (Wyo.”
Show all 27 citing cases →
— Wyo. Stat. § 1-39-108(a) — 10 cases
Sponsel v. Park Cnty., 2006 WY 6 (Wyo. 2006). “If the resolution of this case were to turn on the status of those facts, summary judgment would most certainly be improper because at a minimum there could be a genuine issue of material fact in this regard.”
City of Cheyenne v. Huitt, 844 P.2d 1102 (Wyo. 1993). “§ 1-39-104 (1988) because that immunity was exempted by Wyo.Stat. § 1-39-108 or Wyo. Stat. § 1-39-106.”
Worden v. Vill. Homes, 821 P.2d 1291 (Wyo. 1991). “Worden relies upon W.S. 1-39-108 to argue that a statutory exception exists to the grant of immunity which would allow this cause of action.”
Evelyn Difelici, f/n/a Evelyn Barnes v. City of Lander, 2013 WY 141 (Wyo. 2013). “Scope of § 1-39-108 exception to immunity [¶ 13] We begin by analyzing whether § 1-89-108 waives immunity for a claim like that involved in this case.”
Rice v. Collins Commc'n, Inc., 2010 WY 109 (Wyo. 2010). “We stated in Huitt : If we would accept respondent’s contention that firefighting is included among the governmental operations for which immunity is waived by Wyo. Stat. § 1-39-108, although not so specified therein, the same could also be true for all other governmental…”
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