Utah Joint Several Liability

Utah Code Section 78B-5-820 abolished traditional joint and several liability and replaced it with a several-only liability system, meaning each defendant is generally responsible only for their allocated percentage of fault, with a narrow exception for defendants found 50% or more at fault for economic damages.

Last updated: July 2026

Utah’s approach to joint and several liability represents a significant departure from the traditional legal rule under which any defendant could be held responsible for the entire judgment. Under current Utah law, defendants are generally responsible only for their own share of fault, which shifts substantial risk to plaintiffs who must identify and pursue every responsible party individually.

The practical impact of this rule cannot be overstated. In a traditional joint liability system, a plaintiff who sues two defendants and wins a $100,000 judgment can collect the full amount from either defendant, leaving the paying defendant to seek contribution from the other. In Utah, that same plaintiff must collect $50,000 from each defendant separately. If one defendant has no assets or insurance, the plaintiff bears that loss.

What does Utah Code Section 78B-5-820 say about joint and several liability?

Utah Code Section 78B-5-820 provides that in any personal injury action, the liability of each defendant for non-economic damages is several only and is not joint. This means each defendant is liable only for the percentage of non-economic damages that corresponds to their allocated percentage of fault. For economic damages, several-only liability is the default rule, with one important exception.

The exception applies when a defendant is found to be 50% or more at fault. In that case, the defendant may be jointly and severally liable for economic damages. This means a defendant whose fault allocation meets or exceeds 50% can be required to pay the entire economic damage award, including the shares of less-culpable defendants who cannot pay. Non-economic damages remain several even for defendants who are 50% or more at fault.

The statute represents a legislative compromise. It retains some joint liability for the most culpable defendants but only for economic losses, which are typically easier to quantify and include medical bills and lost wages. The rule protects less-culpable defendants from bearing disproportionate liability while preserving some protection for plaintiffs against insolvent co-defendants.

How is fault allocated among defendants in Utah personal injury cases?

Under Utah’s several-only liability system, fault allocation is a critical determination at trial. The jury must receive special verdict forms that ask them to assign a specific percentage of fault to each party, including the plaintiff, each named defendant, and any non-parties identified as contributing to the injury. The total allocation must equal 100%.

The fault allocation process is governed by Utah Code Section 78B-5-818, which requires the fact finder to consider the fault of “any person who is a party to the primary action” and “any person who has been released from liability.” The court may also consider the fault of non-parties upon motion of the defendant. This comprehensive allocation ensures that the jury considers the full universe of potential causes.

Once the jury returns its fault allocations, the court applies the several-only liability rules. Each defendant is ordered to pay their percentage of economic and non-economic damages, with the 50% exception for economic damages. The plaintiff must then collect from each defendant individually. If a defendant is insolvent or underinsured, the shortfall falls on the plaintiff unless the 50% exception applies.

What happens when one defendant cannot pay their share?

This is the most significant practical consequence of Utah’s several-only liability rule. In a traditional joint liability jurisdiction, if one defendant cannot pay, the remaining defendants are responsible for the shortfall. In Utah, the shortfall generally falls on the plaintiff. This creates a powerful incentive for plaintiffs to carefully evaluate the solvency and insurance coverage of each potential defendant before filing suit.

For example, consider a case where three defendants are found 33% at fault each, and the total economic damages are $90,000. Under Utah law, each defendant owes $30,000. If one defendant has no assets and no insurance, the plaintiff can only collect $30,000 from each of the other two defendants, for a total of $60,000. The $30,000 shortfall from the insolvent defendant is not collectible, and the plaintiff bears the loss.

The exception for defendants found 50% or more at fault provides some relief. If one defendant is found 60% at fault and another 40% at fault, the 60% defendant can be held jointly and severally liable for the full economic damages if the 40% defendant cannot pay. However, non-economic damages remain several, so the plaintiff still bears the risk of collecting non-economic damages from each defendant individually.

Utah Code Section 78B-5-820 states that “the liability of each defendant for noneconomic damages is several only and is not joint” and that “each defendant is liable only for the amount of noneconomic damages allocated to that defendant.”

Utah Code Section 78B-5-820

How does several-only liability affect settlement negotiations in Utah?

Several-only liability fundamentally changes settlement dynamics in Utah personal injury cases. In joint liability jurisdictions, a wealthy or well-insured defendant may be willing to pay a premium to settle because they face the risk of being held liable for the full judgment. In Utah, that risk is eliminated for non-economic damages and limited for economic damages, which can reduce settlement pressure on certain defendants.

Defendants with relatively low fault percentages know that under Utah’s several-only rule, their exposure is limited to their allocated share. This can make them less willing to contribute to a global settlement that exceeds their proportional share. Plaintiffs must therefore negotiate with each defendant individually, and settlement agreements must be structured carefully to preserve contribution rights and avoid unintended releases.

Utah law requires that settlements be credited against the total judgment through a pro tanto reduction, meaning the settlement amount is subtracted from the total damages rather than reducing the remaining defendants’ shares proportionally. This rule, combined with several-only liability, makes settlement strategy complex and underscores the importance of experienced legal counsel throughout the process.

What is the difference between joint liability, several liability, and joint and several liability?

Joint liability means any defendant can be held responsible for the entire judgment regardless of their share of fault. Several liability means each defendant is responsible only for their own allocated share. Joint and several liability combines both: the plaintiff can collect the full amount from any defendant, but defendants can seek contribution from co-defendants for amounts paid beyond their share.

Utah’s system is primarily several-only, which means the plaintiff bears the risk of collecting from each defendant individually. The narrow exception for economic damages against defendants 50% or more at fault reintroduces a limited form of joint liability for the most culpable defendants. This hybrid approach is unique and requires careful strategic planning by plaintiffs and their attorneys.

Several-only liability is relatively uncommon nationally. Most states retain some form of joint and several liability, at least for economic damages. Utah’s approach favors defendants and places a greater burden on plaintiffs to identify, name, and collect from every responsible party. This makes the decision about which parties to name as defendants particularly important in Utah personal injury litigation.

How should I approach a Utah personal injury case with multiple defendants?

If your Utah personal injury case involves multiple potentially responsible parties, you need an attorney who understands how Utah’s several-only liability rules affect recovery. Early identification of all possible defendants is critical. Your attorney should evaluate each defendant’s insurance coverage and assets to determine collectability. The settlement strategy must account for the fact that each defendant will likely only pay their allocated share. An experienced Utah personal injury attorney can navigate these complexities and develop a strategy that maximizes your recovery under Utah’s unique liability framework.

About the Author: Stephen Honig is a legal content strategist who writes about Utah personal injury law and related legal topics. His work helps injury victims understand their rights and options under Utah law.

This article is for informational purposes only and does not constitute legal advice. Consult with a qualified Utah personal injury attorney for advice specific to your situation.