Utah Negligence Laws
By FindLaw Staff | Legally reviewed by Garrett Monteagudo, Esq. | Last reviewed January 17, 2024
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Accidents, and the unfortunate injuries that can result from them, are bound to happen. If you're injured in an accident that causes an injury, how do you figure out who is at fault? How do you figure out the amount of compensation you can get from the party that is at fault?
The legal system uses negligence claims as a way of determining fault in accidents. It uses these claims and the associated legal standards to determine how much the careless party should pay to the injured party.
This is an introduction to negligence laws in Utah.
General Negligence Law
The initial steps for any negligence case are figuring out if one person (or a group of people) owed a duty of care to another and whether the person or group failed in fulfilling that duty. If a breach of this duty of care occurred, the person or group might be financially liable for any injuries that result. Finally, the court must determine the following, as well:
- If the person or group's failure was the direct cause of the injuries,
- The extent of the harm, and
- The amount of damages.
Negligence Laws in Utah
State negligence laws may vary, so the law applying to your case will depend on your jurisdiction and your specific circumstances. For example, under Utah law, your possible recovery in a negligence claim can lessen based on your own fault, if any. Under such circumstances, if you're more at fault than the other party in an accident, you are barred from recovering any damages at all.
The table below lists Utah's negligence laws.
Code Section |
Utah Code 78B-5-817, et. seq.: Comparative Negligence |
Comparative Negligence |
Modified Comparative Negligence |
Contributory Negligence-Limit to Plaintiff's Recovery |
If the person making the negligence claim is found to be 50% or more at fault, they are barred from recovery. However, if they are found to be 49% or less at fault, the damages the other at-fault party must pay are reduced in proportion to the person's percentage of fault. |
Contribution Among Tortfeasors |
No |
Uniform Act |
No |
Negligence Cases
For any negligence claim to be successful, a plaintiff must prove several elements of a negligence case:
- Duty: the defendant owed the plaintiff a duty of care,
- Breach of Duty: the defendant failed to meet that duty,
- Cause in Fact: but for the defendant's failure, the plaintiff would not have been injured,
- Proximate Cause: the defendant's failure (and not something else) caused the plaintiff's injury, and
- Damages: the plaintiff has actually been injured and suffered some loss.
Next Steps: Discuss Your Negligence Case with an Attorney in Utah
State negligence laws can be confusing, and different states treat negligence claims and civil liability differently. Because of this, it's important to meet with an experienced personal injury attorney in your state who can advise you on your rights as well as your deadline to file a lawsuit. Don't delay. Speak with an experienced personal injury attorney today. Find out how Utah negligence laws apply to your unique situation.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.