Utah’s Comparative Negligence Rule
Introduction
The Comparative Negligence Rule, also known as the “modified joint and several liability law,” is an important law in the state of Utah. This law, which has been in place since 1981, affects the way civil lawsuits are handled in the state. In essence, this law allows plaintiffs to still pursue compensation from someone else that caused their injury, even if they were partly to blame. With the Comparative Negligence Rule, judges and juries are able to compare the fault of the parties involved and use that comparison to determine who is ultimately responsible for a person’s damages. In other words, not every party has to be totally at fault for a plaintiff to recover compensation.
History of Utah’s Comparative Negligence Rule
Before 1981, Utah followed the joint and several liability rule. This rule was in place for decades, and it said that if multiple parties were found to be at fault in a given case, each of them would be responsible for the entirety of the plaintiff’s damages. This served as a disincentive for potential defendants since they were responsible for the entire sum regardless of how much fault they were actually assigned.
In 1981, this changed when the “modified joint and several liability law” was put into place. This law established the Comparative Negligence Rule for the state of Utah, which had a major impact on how civil suits were handled. Under this new law, a judge or jury must compare the negligence of the parties involved. The damages that a plaintiff can recover would then be proportionally divided and assigned to the parties based on the percentage of fault attributed to them.
How the Comparative Negligence Rule Works
The Comparative Negligence Rule is a system of assigning fault in the event of an accident or injury. This rule is used to determine the percentage of a plaintiff’s damages that are owed by a defendant. In many cases, there may be more than one defendant involved and the judge or jury will be tasked with comparing the amount of fault attributed to each.
For example, if a driver was injured by another driver, a judge or jury would compare the two drivers’ fault levels to determine who was more responsible for the accident. They may decide that the injured driver was 20% at fault, while the other driver was 80% at fault. Then, the damages that the injured driver is owed would be reduced by 20%, with the other driver being liable for the remaining 80%.
In Utah, the courts have adopted a “pure comparative negligence” approach. This means that a plaintiff can still pursue compensation if they were more than 50% at fault. However, the amount they can receive will be reduced by the percentage of fault attributed to them.
Essential Requirements for Pursuing a Claim under the Comparative Negligence Rule
When pursuing a claim under the Comparative Negligence Rule in Utah, there are some essential requirements that must be met. These include:
1. The plaintiff must demonstrate that they were injured as a result of another party’s negligence. This means they must show that the other party contributed to the cause of their injury.
2. The plaintiff must demonstrate that they were not 100% at fault for the injury. This has to be proven in court.
3. The plaintiff must demonstrate how much responsibility belongs to the other party (the defendants). This will allow the court to assign liability.
4. The plaintiff must demonstrate that the injury caused them damages, such as medical expenses, lost wages, and pain and suffering.
Conclusion
Utah’s Comparative Negligence Rule is an important and unique legal system in the state for pursuing civil claims. By using a pure comparative negligence approach, plaintiffs in Utah can still be awarded compensation for their injuries even when they are partially responsible. It is essential that those who are looking to pursue a claim understand the basic requirements of the Comparative Negligence Rule as well as how fault is determined and divided. Understanding this system can greatly affect the outcome of any civil case.
