Utah § 58-37e-9 Comparative responsibility.

Utah Statutes

§ 58-37e-9 — Comparative responsibility.

Utah § 58-37e-9

Title 58Occupations and Professions

Ch. 58-37eDrug Dealer's Liability Act

This text of Utah § 58-37e-9 (Comparative responsibility.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 58-37e-9 (2026).

Text

(1)An action by an individual drug user is governed by the principles of comparative responsibility. Comparative responsibility attributed to the plaintiff does not bar recovery but diminishes the award of compensatory damages proportionally, according to the measure of responsibility attributed to the plaintiff.

(2)The burden of proving the comparative responsibility of the plaintiff is on the defendant, which shall be shown by clear and convincing evidence.

(3)Comparative responsibility may not be applied in an action brought by a third party who was not an individual drug user.

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(1) An action by an individual drug user is governed by the principles of comparative responsibility. Comparative responsibility attributed to the plaintiff does not bar recovery but diminishes the award of compensatory damages proportionally, according to the measure of responsibility attributed to the plaintiff.
(2) The burden of proving the comparative responsibility of the plaintiff is on the defendant, which shall be shown by clear and convincing evidence.
(3) Comparative responsibility may not be applied in an action brought by a third party who was not an individual drug user.