H.B. 413

1

COMPARATIVE NEGLIGENCE AMENDMENTS
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Scott L Wyatt
5 Senate Sponsor: David L. Thomas
6
7 LONG TITLE
8 General Description:
9 This bill expands the definition of "fault" to include intentional torts and civil
10 conspiracy.
11 Highlighted Provisions:
12 This bill:
13 . specifies that an intentional tort and a civil conspiracy are included in the definition
14 of "fault."
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 78-27-37, as last amended by Chapter 102, Laws of Utah 2005
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 78-27-37 is amended to read:
25 78-27-37. Definitions.
26 As used in Section 78-27-37 through Section 78-27-43 :
27 (1) "Defendant" means a person, other than a person immune from suit as defined in

28 Subsection (3), who is claimed to be liable because of fault to any person seeking recovery.
29 (2) "Fault" means any actionable breach of legal duty, act, or omission proximately
30 causing or contributing to injury or damages sustained by a person seeking recovery, including
31 negligence in all its degrees, comparative negligence, assumption of risk, strict liability,
32 intentional torts, civil conspiracy, breach of express or implied warranty of a product, products
33 liability, and misuse, modification, or abuse of a product.
34 (3) "Person immune from suit" means:
35 (a) an employer immune from suit under Title 34A, Chapter 2, Workers' Compensation
36 Act, or Chapter 3, Utah Occupational Disease Act; and
37 (b) a governmental entity or governmental employee immune from suit pursuant to
38 Title 63, Chapter 30d, Governmental Immunity Act of Utah.
39 (4) "Person seeking recovery" means any person seeking damages or reimbursement on
40 its own behalf, or on behalf of another for whom it is authorized to act as legal representative.




Legislative Review Note
as of 1-31-06 3:25 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel