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UTAH

Negligence / Personal Injury

2 years with Discovery Rule.

Wrongful Death

2 years with Discovery Rule.

Medical Malpractice

2 years with Discovery Rule (1 year from act) SOR: 4 years from occurrence. Actions against health-care providers must be filed within two years of the malpractice or within two years from the date the injury was, or should have been, discovered. In no event may a person file a medical malpractice action more than four years from the date of the act giving rise to the injury. These time limitations also apply to minors under 18. In foreign object cases suit must be filed within one year of insertion of the object or within one year from the date the plaintiff discovered, or should have discovered, the object. These time limitations also apply to minors under 18. Various rules apply to amount of recovery. Injured plaintiff may recover noneconomic losses to compensate for pain, suffering, and inconvenience up to $250,000 for action arising before July 1st, 2001; $400,000 (adjusted for inflation) thereafter. This limitation does not affect awards of punitive damages. Future damages which equal or exceed $100,000, less amounts payable for attorneys’ fees and costs, must be paid by period rather than lump sum payments.

Malpractice (Other Professions)

2 years

Products Liability

2 years with Discovery Rule

Intentional Torts

1 year

Fraud

3 Years for relief on ground of fraud or mistake.

Municipal Liability/Sovereign Immunity

2 years for actions against state or municipalities. Waived only by specific statutes.

Discovery Rule

Standard rule applies in Utah except see medical malpractice above.

Comparative Negligence

Applies.

Disabilities

SOL runs from end of disability for infants (18th birthday) and insane persons.  No toll for disability in malpractice cases. SOL does not run during absence or concealment of defendant.

Punitive Damages

Follows common law rules.

Other Relevant Information

Actions may be commenced up to 3 years after discovery for asbestos damage.

Several rules apply to restrict liability against ski areas.

Consumer Fraud Complaint

Utah Department of Commerce Division of Consumer Protection
http://www.commerce.utah.gov/dcp/
(801)530-6601
(800)721-SAFE