58-37e-9 - Comparative responsibility. - Utah Statutes

58-37e-9. Comparative responsibility.
(1) An action by an individual drug user is governed by the principles of comparativeresponsibility. Comparative responsibility attributed to the plaintiff does not bar recovery butdiminishes the award of compensatory damages proportionally, according to the measure ofresponsibility attributed to the plaintiff.
(2) The burden of proving the comparative responsibility of the plaintiff is on thedefendant, which shall be shown by clear and convincing evidence.
(3) Comparative responsibility may not be applied in an action brought by a third partywho was not an individual drug user.

Enacted by Chapter 349, 1997 General Session