1     
ALLOCATION OF FAULT AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Michael K. McKell

5     
Senate Sponsor: ____________

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7     LONG TITLE
8     General Description:
9          This bill addresses allocation of fault.
10     Highlighted Provisions:
11          This bill:
12          ▸     makes a defendant who negligently fails to protect another person from a specific
13     risk of harm that results from an intentional tort jointly and severally liable with the
14     intentional tortfeasor;
15          ▸     addresses claims for contribution; and
16          ▸     makes technical changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          78B-5-818, as renumbered and amended by Laws of Utah 2008, Chapter 3
24          78B-5-820, as renumbered and amended by Laws of Utah 2008, Chapter 3
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 78B-5-818 is amended to read:

28          78B-5-818. Allocation of fault.
29          (1) The fault of a person seeking recovery may not alone bar recovery by that person.
30          (2) A person seeking recovery may recover from any defendant or group of defendants
31     whose fault, combined with the fault of persons immune from suit and nonparties to whom
32     fault is allocated, exceeds the fault of the person seeking recovery [prior to] before any
33     reallocation of fault made under Subsection 78B-5-819(2).
34          (3) [No] Except as provided in Subsection (4), a defendant is not liable to any person
35     seeking recovery for any amount in excess of the proportion of fault attributed to that defendant
36     under Section 78B-5-819.
37          (4) A defendant who negligently fails to protect another person from the specific risk
38     of harm that results from an intentional tort is jointly and severally liable with the intentional
39     tortfeasor for the damages arising from the injury caused or contributed to by the intentional
40     tort.
41          [(4)] (5) (a) The fact finder may, and when requested by a party shall, allocate the
42     percentage or proportion of fault attributable to each person seeking recovery, to each
43     defendant, to any person immune from suit, and to any other person identified under
44     Subsection 78B-5-821(4) for whom there is a factual and legal basis to allocate fault. In the
45     case of a motor vehicle accident involving an unidentified motor vehicle, the existence of the
46     vehicle shall be proven by clear and convincing evidence which may consist solely of one
47     person's testimony.
48          (b) Any fault allocated to a person immune from suit is considered only to accurately
49     determine the fault of the person seeking recovery and a defendant and may not subject the
50     person immune from suit to any liability, based on the allocation of fault, in this or any other
51     action.
52          Section 2. Section 78B-5-820 is amended to read:
53          78B-5-820. Amount of liability limited to proportion of fault -- Contribution.
54          (1) Subject to Section 78B-5-818, the maximum amount for which a defendant may be
55     liable to any person seeking recovery is that percentage or proportion of the damages
56     equivalent to the percentage or proportion of fault attributed to that defendant.
57          (2) [A] Subject to Subsection (4), a defendant is not entitled to contribution from any
58     other person.

59          (3) A defendant or person seeking recovery may not bring a civil action against any
60     person immune from suit to recover damages resulting from the allocation of fault under
61     Section 78B-5-818.
62          (4) (a) A party having joint and several liability under Subsection 78B-5-818(4) who
63     pays the liability is entitled to receive contribution from any party having the same joint and
64     several liability.
65          (b) Discharge of one party having joint and several liability by a person seeking
66     recovery does not affect the right under Section 78B-5-818 of a party having the same joint and
67     several liability to receive contribution from the party discharged.






Legislative Review Note
Office of Legislative Research and General Counsel