The Utah Supreme Court recently ruled that governmental immunity cannot prevent a claim for wrongful death. The case involved a minor who had been placed in a ‘community based proctor home.’ The boy had previously escaped on multiple occasions and, as a result, it was foreseeable he would attempt to do so once again. While left unsupervised, the boy once again escaped supervision. He fell down some stairs and, as a result of his injuries, died. The parents brought a wrongful death lawsuit for the loss of their son. The State of Utah sought to dismiss the claim on the basis that lawsuits for wrongful death as a result of negligence were precluded by the Governmental Immunity Act under the ‘incarceration’ provision. The Utah Supreme Court held that a claim for negligence based on wrongful death was not precluded because the boy was not ‘incarcerated’ but was simply under state supervision. The full case can be read here.

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Tags: wrongful death, government immunity, negligence