Parker Waichman Alonso, LLP - www.statutes-of-limitations.com

UTAH

Negligence / Personal Injury

4 years with Discovery Rule.

Wrongful Death

years with Discovery Rule.

Medical Malpractice

2 years with Discovery Rule (1 year from act) SOR: 4 years from occurrence. These time limitations also apply to minors under 18. In foreign object cases and fraudulent concealment cases suit must be filed within one year of discovery of wrongful act.

Caps:
Injured plaintiff may recover noneconomic losses to compensate for pain, suffering, and inconvenience up to $250,000 for action arising before July 1st, 2002; $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)

years

Products Liability

years with Discovery Rule.

Intentional Torts

year

Fraud

years for relief on ground of fraud or mistake.

Municipal Liability/Sovereign Immunity

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. Plaintiff may recover from any defendant or group of defendants whose fault exceeds his own. However, no defendant is liable to any person seeking recovery for any amount in excess of proportion of fault attributable to that defendant.

Charitable Immunity

Person who renders emergency care at or near scene of or during emergency, gratuitously and in good faith, not liable for any civil damages or penalties as result of any act or omission by person rendering emergency care, unless person is grossly negligent or caused emergency.

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.

No-Fault Insurance

Applies

Other Relevant Information

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

Several rules apply to restrict liability against ski and snowboarding areas.

Consumer Fraud Complaint

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