Joint and Several Liability in Utah
State-specific overview · Tort Law
Utah applies joint and several liability in most cases, but defendants can limit exposure if their fault is below a certain threshold.
How Utah treats Joint and Several Liability
Utah generally recognizes joint and several liability for defendants found liable in tort actions. However, Utah law provides that a defendant whose fault is less than 60% of the total fault may be liable only for their proportionate share in certain circumstances. Defendants whose fault equals or exceeds 60% remain jointly and severally liable for the full judgment. This creates a hybrid system balancing plaintiff recovery with defendant protection.
The general definition of Joint and Several Liability
Multiple defendants can each be held fully responsible for the entire judgment, not just their share.
When two or more people or companies are sued together for causing harm, the injured person can collect the full amount from any one of them, rather than having to split the recovery among all defendants. This means if you win a $100,000 judgment against three defendants, you can demand all $100,000 from just one of them, and that defendant can then try to recover their fair share from the others. It protects the injured person by ensuring they get paid even if some defendants can't pay.
Read the full Joint and Several Liability 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.