Utah courts follow a modified comparative liability - 50% rule in determining whether to award damages in a case involving asbestos liability. Under the 50% modification, a plaintiff can only recover damages if they are judged to be 49% or less responsible in causing their own injuries. If the plaintiff is determined to be 50% or greater responsible for their own injuries, they recover no damages. In cases where the plaintiff is judged to be partly at fault but less than 50% at fault in their own injuries, any damages determined by the jury are reduced proportionate to the percentage of fault. In other words, in a case where the plaintiff is determined to be 30% at fault and the damages are judged to amount to $100,000, the plaintiff can recover $70,000.
The courts in Utah follow a pure several liability approach in apportioning damages in cases with multiple defendants. Under a pure several liability approach, each defendant is assigned a portion of the fault in causing the plaintiff's injury, and is only responsible for the portion of the damages that corresponds to their percentage of the fault. For instance, in a case where damages of $100,000 are awarded, and company A is 25% responsible while company B is 75% responsible, company A will be responsible for $25,000 of the judgment and company B for $75,000.
Utah allows punitive damages under common law principles.
The courts in Utah follow a pure several liability approach in apportioning damages in cases with multiple defendants. Under a pure several liability approach, each defendant is assigned a portion of the fault in causing the plaintiff's injury, and is only responsible for the portion of the damages that corresponds to their percentage of the fault. For instance, in a case where damages of $100,000 are awarded, and company A is 25% responsible while company B is 75% responsible, company A will be responsible for $25,000 of the judgment and company B for $75,000.
Utah allows punitive damages under common law principles.
