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Utah Negligence Laws

Accidents, and the unfortunate injuries that can result from them, are bound to happen. And if you’re injured in an accident that is genuinely someone else’s fault, how do you figure out who is at fault and the amount of restitution you can get from the faulty party? The legal system uses negligence claims as a way of determining fault in injury-causing accidents and how much, if anything, 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 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 can diminish based on your own fault, if any, and if you’re more at fault than the other party in an accident, you might not be able to recover any damages at all. The table below lists Utah’s negligence statutes.

Code Section

Utah Code 78B-5-817, et. seq.: Comparative Negligence

Comparative Negligence


Contributory Negligence-Limit to Plaintiff's Recovery

If exceeds 50%, no recovery; otherwise diminished proportionately

Contribution Among Tortfeasors


Utah Code 78-27-40

Uniform Act


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 and find out how Utah negligence laws apply to your unique situation.

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

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