Comparative Negligence in Utah
State-specific overview · Tort Law
Utah follows comparative negligence with a 50% bar; you cannot recover if your fault equals or exceeds the defendant's.
How Utah treats Comparative Negligence
Utah Code Ann. § 78B-5-817 establishes that a plaintiff whose negligence is as great as or greater than the causal negligence of the defendant cannot recover. If both parties are equally at fault, the plaintiff receives nothing. Damages are reduced by the plaintiff's percentage of comparative negligence when recovery is allowed.
The general definition of Comparative Negligence
A rule that reduces damages based on the victim's own percentage of fault.
Comparative negligence is a legal principle that recognizes both parties in an accident may share responsibility. Instead of an all-or-nothing approach, the court or jury determines what percentage each person is at fault. Your damages award is then reduced by your percentage of fault. For example, if you're 20% at fault and awarded $100,000, you receive $80,000. Some states use 'pure' comparative negligence (you can recover even if you're 99% at fault), while others use 'modified' comparative negligence (you can only recover if you're less than 50% or 51% at fault, depending on the state).
Read the full Comparative Negligence entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Utah.