Negligence in Utah
State-specific overview · Tort Law
Utah follows comparative negligence, reducing damages by the plaintiff's percentage of fault without a bar to recovery.
How Utah treats Negligence
Utah negligence claims require establishing duty, breach, causation, and damages. The state uses comparative negligence, meaning a plaintiff's recovery is reduced by their percentage of fault, but they can still recover unless they are found to be more than 50% at fault. The statute of limitations for negligence actions is four years from the date of injury under Utah Code § 78B-2-307.
The general definition of Negligence
Failure to exercise reasonable care that results in harm to another person.
Negligence is a legal concept in civil law (not criminal) that holds people responsible for careless behavior. To prove negligence, you must show four things: the defendant had a duty to be careful, they breached that duty, their breach caused your injury, and you suffered actual damages. Negligence doesn't require intent to harm—it's about failing to act as a reasonably careful person would in similar circumstances. Victims of negligence can sue for compensation to cover medical bills, lost wages, and pain and suffering.
Read the full 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.