Utah · Comparative Negligence

Utah Comparative Negligence Rule

Utah follows a modified 50% bar rule under Utah Code § 78B-5-818. Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Updated 2026-05-22 · See all 50 states

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Key facts: Utah

Rule type: Modified 50% bar
Max fault to recover: 50%
How recovery works: Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.
Last verified: 2026-05-22
Source type: Primary (state statute)

Details for Utah

Modified comparative fault with a 50% bar; the statute permits recovery only when the defendants’ aggregate fault "exceeds" the plaintiff’s, so a 50/50 split bars recovery.

Related: Utah statute of limitations

Utah gives you 4 years to file a personal injury lawsuit under Utah Code § 78B-2-307.

See the full Utah statute of limitations →

This page is informational and does not constitute legal advice. Some categories (medical negligence, governmental defendants) follow different rules. Confirm the controlling rule with a licensed Utah attorney before relying on it.

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Utah Comparative Negligence FAQ

What comparative negligence rule does Utah follow?

Utah follows a modified 50% bar rule under Utah Code § 78B-5-818. Claimant barred when fault reaches 50% or more. Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Can I still recover if I was partly at fault for the accident in Utah?

Yes, up to a point. In Utah you can recover when your share of fault is 50% or less. Once you cross that threshold, you are barred from recovering anything at all.

How does this affect settlement negotiations in Utah?

Insurance adjusters argue percentage of fault to reduce what they pay. Because Utah bars recovery once fault exceeds 50%, even a small dispute about percentage can swing settlement value dramatically. Crossing the bar means zero recovery.

What is the personal injury statute of limitations in Utah?

Utah gives you 4 years to file a personal injury lawsuit under Utah Code § 78B-2-307.

Where can I read the actual rule?

The controlling authority is Utah Code § 78B-5-818. The full text is available at https://le.utah.gov/xcode/Title78B/Chapter5/78B-5-S818.html.

See comparative negligence rules for all 51 covered states

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