Injured In Utah

Utah law requires that the negligence, if any, of the victim be 'compared' with that of the person or entity causing injury. This is called comparative fault. If the fault of the victim is 50% or greater, the victim cannot recover anything. This principle is commonly used to defend a slip and fall type case. For example, if Nelly trips on a cracked sidewalk outside a public building, she may bring a claim for failure to properly maintain the sidewalk. However, the building owner will defend on the basis that Nelly failed to keep a proper lookout, in effect, Nelly is also at fault for her injuries. If a jury decides that Nelly is 50% at fault, she will recover nothing. If a jury decides that Nelly is only 40% at fault, then she may recover her damages.

Also of importance under Utah law, no defendant can be held liable for more than their respective percentage of fault. In the above example, if Nelly is found to be 40% at fault and the landowner 60% at fault, the landowner is only liable for 60% of Nelly's damages. So, if Nelly's damages total $100.00, the landowner is only liable to pay $60.00.

In some states, this principle is called contributory negligence. In Utah, the concept is referred to as comparative fault.