UTAH

Negligence / Personal Injury
4 Years An action may be brought within four years:
(1) after the last charge is made or the last payment is received:
(a) upon a contract, obligation, or liability not founded upon an instrument in writing;
(b) on an open store account for any goods, wares, or merchandise; or
(c) on an open account for work, labor or services rendered, or materials furnished; Utah Code Ann. § 78B-2-307
Toxic Tort
4 Years An action may be brought within four years:
(1) after the last charge is made or the last payment is received:
(a) upon a contract, obligation, or liability not founded upon an instrument in writing;
(b) on an open store account for any goods, wares, or merchandise; or
(c) on an open account for work, labor or services rendered, or materials furnished; Utah Code Ann. § 78B-2-307
Wrongful Death
2 Years An action may be brought within two years: (2) for recovery of damages for a death caused by the wrongful act or neglect of another; Utah Code Ann. 78B-2-304
Medical Malpractice
2 Years (1) A malpractice action against a health care provider shall be commenced within two years after the plaintiff or patient discovers, or through the use of reasonable diligence should have discovered the injury, whichever first occurs, but not to exceed four years after the date of the alleged act, omission, neglect, or occurrence. Utah Code Ann. § 78B-3-404

See also, Jensen v. IHC Hospitals, Inc., 944 P.2d 327, 332 (Utah 1997) (The statute includes a discovery rule, providing that the two-year limitations period does not begin to run until the “patient discovers, or through the use of reasonable diligence should have discovered the injury, whichever first occurs.” Utah Code Ann. § 78–14–4(1). In Utah, the discovery rule includes the judicially created doctrine of fraudulent concealment. See Berenda, 914 P.2d at 51.)
Products Liability
2 Years

A civil action under this part shall be brought within two years from the time the individual who would be the claimant in the action discovered, or in the exercise of due diligence should have discovered, both the harm and its cause. Utah Code Ann. § 78B-6-706

Disscovery:

Utah Code 78B-6-706 (The product liability statute of limitations states that “[a] civil action under [the Product Liability Act] shall be brought within two years from the time the individual who would be the claimant in the action discovered, or in the exercise of due diligence should have discovered, both the harm and its cause.”); Russell Packard Development, Inc. v. Carson, 108 P.3d 741, 746 (Utah 2005). Statute of respose unconstitutional. Berry v. Beech Aircraft Corp., 717 P.2d 670 (Utah 1985)

Fraud
3 Years An action may be brought within three years:
(3) for relief on the ground of fraud or mistake; except that the cause of action does not accrue until the discovery by the aggrieved party of the facts constituting the fraud or mistake; Utah Code Ann. § 78B-2-305

Utah Code 78B-2-305 ( for relief on the ground of fraud or mistake; except that the cause of action does not accrue until the discovery by the aggrieved party of the facts constituting the fraud or mistake). Accrual of the case o factoin is not complete until discovery of the pertinent facts. Hill v. Alred, 28 P.3d 1271, 1276 (IUtah 2001).
Municipal Liability/Sovereign Immunity
2 Years for actions against state or municipalities.
Discovery Rule
Standard rule applies in Utah except see medical malpractice above.
Comparative Negligence
Applies.
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

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