Senate narrowly approves comparative-fault change after hours of debate

After extended floor debate late in the session, the Utah Senate voted to pass first substitute House Bill 45, a set of comparative-fault amendments that change when defendants may be held jointly and severally liable.

Senator Bell moved the measure under suspension of the rules, and senators debated whether the change would leave innocent victims without an effective remedy. Senator Hilliard said the amendment "suddenly say[s] to this innocent victim, you get nothing," arguing that the bill forces victims to pursue small, negligent defendants rather than allowing recovery from intentional wrongdoers who started a chain of harm. Hilliard also urged the chamber to send the measure back for interim work on a compromise modeled on Utah's Dram Shop statute.

Supporters said the bill restores fairness for property owners and other defendants who can face large judgments disproportionate to their share of negligence. Senator Bell said juries should be trusted to allocate fault, and that the proposal reflects reforms in several Western states.

The Senate halted a roll call to have the short title read aloud and then proceeded to vote. Final passage was recorded as 15 yes votes, 13 no votes and 1 absent. The Senate referred the amended bill back to the House for further action.

The vote follows a long history of negotiation in the Legislature and reflects a trade-off between plaintiffs' advocates and business and property-owner interests. Senate advocates said the change narrows exposure for those judged only partially at fault; critics warned it could reduce recoveries available to innocent victims who must pursue multiple defendants.

Next steps: because the Senate substituted language and passed the measure, the bill is returned to the House for concurrence or further action.