Utah: modified comparative fault, measured against all others combined
Utah reduces a plaintiff's recovery by the plaintiff's own share of fault and bars recovery only if that share equals or exceeds everyone else's combined. "The fault of a person seeking recovery may not alone bar recovery by that person," and the plaintiff may recover from defendants "whose fault, combined with the fault of persons immune from suit and nonparties to whom fault is allocated, exceeds the fault of the person seeking recovery." Utah Code Ann. § 78B-5-8181
- 50% bar — because the others' combined fault must exceed the plaintiff's, a plaintiff found 50% or more at fault recovers nothing. Utah Code Ann. § 78B-5-818(2)1
- Reduction works through several-only liability — "the maximum amount for which a defendant may be liable to any person seeking recovery is that percentage or proportion of the damages equivalent to the percentage or proportion of fault attributed to that defendant." On $100,000 in damages with the plaintiff 30% and one defendant 70% at fault, the defendant owes $70,000. Utah Code Ann. § 78B-5-820(1)2
- No joint and several liability; no contribution — "No defendant is liable to any person seeking recovery for any amount in excess of the proportion of fault attributed to that defendant" Utah Code Ann. § 78B-5-818(3)1, and "A defendant is not entitled to contribution from any other person." Utah Code Ann. § 78B-5-820(2)2
- Immune persons and nonparties can absorb fault — the fact finder allocates fault to the plaintiff, each defendant, persons immune from suit, and others identified under § 78B-5-821(4). Utah Code Ann. § 78B-5-818(4)(a)1 If immune persons' combined share is under 40%, the court reallocates it proportionally to the others; at 40% or more it stays, reducing the plaintiff's collectible award. Utah Code Ann. § 78B-5-819(2)3
- "Fault" is broad — it includes "negligence in all its degrees, comparative negligence, assumption of risk, strict liability," warranty breach, and products liability. Utah Code Ann. § 78B-5-817(2)4
- Special verdicts — on any party's request the court "shall" have the jury separately find total damages and each person's percentage of fault. Utah Code Ann. § 78B-5-819(1)3
Practice notes
- Jury instructions — the jury "may not be advised of the effect of any reallocation," but may be told that fault attributed to immune persons may reduce the plaintiff's award. Utah Code Ann. § 78B-5-819(2)(c)3
- Currency — §§ 78B-5-817 through -820 carry only the 2008 renumbering note (Chapter 3, 2008 General Session) on the Legislature's site. Utah Code Ann. § 78B-5-8181