Utah Code

Utah Code § 78B-8-201 (2026)

Basis for punitive damages awards -- Section inapplicable to DUI cases or providing illegal controlled substances -- Division of award with state -- Deposit of state judgment payments

✓ current as of May 2026

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Except as otherwise provided by statute, punitive damages may be awarded only if compensatory or general damages are awarded and it is established by clear and convincing evidence that the acts or omissions of the tortfeasor are the result of willful and malicious or intentionally fraudulent conduct, or conduct that manifests a knowing and reckless indifference toward, and a disregard of, the rights of others.

The limitations, standards of evidence, and standards of conduct of Subsection (1)(a) do not apply to any claim for punitive damages arising out of the tortfeasor's:

operation of a motor vehicle or motorboat while voluntarily intoxicated or under the influence of any drug or combination of alcohol and drugs as prohibited by Section 41-6a-502;

causing death of another person by providing or administering an illegal controlled substance to the person under Section 78B-3-801; or

providing an illegal controlled substance to any person in the chain of transfer that connects directly to a person who subsequently provided or administered the substance to a person whose death was caused in whole or in part by the substance.

The award of a penalty under Section 78B-3-108 regarding shoplifting is not subject to the prior award of compensatory or general damages under Subsection (1)(a) whether restitution has been paid to the merchant before or as a part of a civil action under Section 78B-3-108.

Evidence of a party's wealth or financial condition shall be admissible only after a finding of liability for punitive damages has been made.

Discovery concerning a party's wealth or financial condition may only be allowed after the party seeking punitive damages has established a prima facie case on the record that an award of punitive damages is reasonably likely against the party about whom discovery is sought and, if disputed, the court is satisfied that the discovery is not sought for the purpose of harassment.

Subsection (2)(a) does not apply to any claim for punitive damages arising out of the tortfeasor's:

operation of a motor vehicle or motorboat while voluntarily intoxicated or under the influence of any drug or combination of alcohol and drugs as prohibited by Section 41-6a-502;

causing death of another person or causing a person to be addicted by providing or administering an illegal controlled substance to the person under Section 78B-3-801; or

In any case where punitive damages are awarded, the court shall enter judgment as follows:

for the first $50,000, judgment shall be in favor of the injured party; and

any amount in excess of $50,000 shall be divided equally between the state and the injured party, and judgment to each entered accordingly.

The actual and bona fide attorney fees and costs incurred in obtaining and collecting the judgment for punitive damages shall be considered to have been incurred by the state and the injured party in proportion to the judgment entered in each party's behalf.

The state and injured party shall be responsible for each one's proportionate share only.

The state is liable to pay the state's proportionate share only to the extent the state receives payment toward the state's judgment.

If the court awards attorney fees and costs to the injured party as a direct result of the punitive damage award, the state shall have a corresponding credit in a proportionate amount based on the amounts of the party's respective punitive damage judgments.

This credit may be applied as an offset against the amount of attorney fees and costs charged to the state for obtaining the punitive damage judgment.

The state shall have all rights due a judgment creditor to collect the full amounts of both punitive damage judgments until the judgments are fully satisfied.

Neither party is required to pursue collection.

In pursuing collection, the state may exercise any of the state's collection rights under Title 63A, Chapter 3, Part 3, Accounts Receivable Collection, Title 63A, Chapter 3, Part 5, Office of State Debt Collection, and any other statutory provisions.

Any amounts collected on the judgments described in Subsection (3)(e) by either party shall be held in trust and distributed as set forth in Subsection (3)(i).

Unless all affected parties, including the state, expressly agree otherwise, collection on the punitive damages judgment shall be deferred until all other judgments have been fully paid.

Any payment by or on behalf of any judgment debtor, whether voluntary, by execution, or otherwise, shall be distributed and applied in the following order:

to the judgment for compensatory damage and any applicable judgment for attorney fees and costs;

to the initial $50,000 of the punitive damage judgment;

to any judgment for attorney fees and costs awarded as a direct result of the punitive damages; and

to the remaining judgments for punitive damages.

Any partial payments shall be distributed equally between the state and injured party.

After the payment of attorney fees and costs, all amounts paid on the state's judgment shall be remitted:

for an amount received on or before May 11, 2025, to the state treasurer to be deposited into the General Fund; and

for an amount received after May 11, 2025, to the state treasurer to be deposited into the Victim Services Restricted Fund established in Section 75E-2-305.

Notes of Decisions

Cited in 47 cases (19 in the last 5 years), 2009–2026 · leading case: Daniels v. Gamma West Brachytherapy, LLC, 2009 UT 66 (Utah 2009).

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Daniels v. Gamma West Brachytherapy, LLC, 2009 UT 66 (Utah 2009). · cites it 6× “it is established by clear and convincing evidence that the acts or omissions of the tortfeasor are the result of willful and malicious or intentionally fraudulent conduct, or conduct that manifests a knowing and reckless indifference toward, and a disregard of, the rights of…”

Nguyen v. Ihc Health Servs., Inc., 2010 UT App 85 (Utah Ct. App. 2010). · cites it 12× “" Utah Code Ann. § 78B-8-201(1)(a) (2008). [5] ¶ 12 Utah law has long recognized that "[s]imple negligence will never suffice as a basis upon which [punitive] damages may be awarded.”

Biesele v. Mattena, 2019 UT 30 (Utah 2019). · cites it 8× “Second, we also interpret the terms of Utah Code section 78B-8-201(2), which provides that “[e]vidence of a party’s wealth or financial condition shall be admissible only after a finding of liability for punitive damages has been made.”

Nassi v. Hatsis, 2023 UT App 9 (Utah Ct. App. 2023). · cites it 8× “In 1989, however, our legislature enacted Utah Code § 78-18-1 (which has since been renumbered as Utah Code § 78B-8-201) “to address for the first 20210009-CA 20 2023 UT App 9 Nassi v.”

Ortega v. Ridgewood Estates LLC, 2016 UT App 131 (Utah Ct. App. 2016). · cites it 2× “" Utah Code Ann. § 78B-8-201(1)(a) (LexisNexis 2012).”

Gregory & Swapp, PLLC v. Kranendonk, 2018 UT 36 (Utah 2018). · cites it 2× “3d 1064 (citation omitted); see also Utah Code § 78B-8-201(1)(a) ("[P]unitive damages may be awarded only if compensatory or general damages are awarded and it is established by clear and convincing evidence that the acts or omissions of the tortfeasor are the result of willful…”

Qwest Servs. Corp. v. Blood, 252 P.3d 1071 (Colo. 2011). “730 (West) ("health, safety and welfare of others"); Utah Code Ann. § 78B-8-201 (West) ("the rights of others").”

USA Power, LLC v. PacifiCorp, 2016 UT 20 (Utah 2016). “"); Urax Copr § 78B-8-201(1)(a) ('[Plunitive damages may be awarded only if compensatory or general damages are awarded.”

Rupp v. Ayres (In Re Fabbro), 411 B.R. 407 (Bankr. D. Utah 2009). · cites it 5× “Punitive Damages Punitive damages in Utah are governed by § 78B-8-201 of the Utah Code. Section 78B-8-201(l)(a) states: Except as otherwise provided by statute, punitive damages may be awarded only if compensatory or general damages are awarded and it is established by clear and…”

Christiansen v. Wright Med. Tech. Inc., 178 F. Supp. 3d 1321 (N.D. Ga. 2016). · cites it 4× “Utah Code Ann. § 78B-8-201. The jury was instructed on what Plaintiff was required to prove for punitive damages to be awarded.”

UMIA Ins. v. Saltz, 2022 UT 21 (Utah 2022). · cites it 2× “” UTAH CODE § 78B-8-201(1)(a). The question then is whether “the facts and all reasonable inferences” drawn from them in Saltz’s favor could lead “reasonable jurors” to conclude that UMIA was knowingly and recklessly indifferent toward Saltz’s rights.”

Braun v. Medtronic Sofamor Danek, Inc., 141 F. Supp. 3d 1177 (D. Utah 2015). · cites it 4× “Utah Code Ann. § 78B-8-201. Because the jury found for Dr.”

Show all 47 citing cases →

— Utah Code § 78B-8-201(1)(a) — 28 cases

Daniels v. Gamma West Brachytherapy, LLC, 2009 UT 66 (Utah 2009). “it is established by clear and convincing evidence that the acts or omissions of the tortfeasor are the result of willful and malicious or intentionally fraudulent conduct, or conduct that manifests a knowing and reckless indifference toward, and a disregard of, the rights of…”

Nassi v. Hatsis, 2023 UT App 9 (Utah Ct. App. 2023). “In 1989, however, our legislature enacted Utah Code § 78-18-1 (which has since been renumbered as Utah Code § 78B-8-201) “to address for the first 20210009-CA 20 2023 UT App 9 Nassi v.”

Nguyen v. Ihc Health Servs., Inc., 2010 UT App 85 (Utah Ct. App. 2010). “" Utah Code Ann. § 78B-8-201(1)(a) (2008). [5] ¶ 12 Utah law has long recognized that "[s]imple negligence will never suffice as a basis upon which [punitive] damages may be awarded.”

Ortega v. Ridgewood Estates LLC, 2016 UT App 131 (Utah Ct. App. 2016). “" Utah Code Ann. § 78B-8-201(1)(a) (LexisNexis 2012).”

Gregory & Swapp, PLLC v. Kranendonk, 2018 UT 36 (Utah 2018). “3d 1064 (citation omitted); see also Utah Code § 78B-8-201(1)(a) ("[P]unitive damages may be awarded only if compensatory or general damages are awarded and it is established by clear and convincing evidence that the acts or omissions of the tortfeasor are the result of willful…”

— Utah Code § 78B-8-201(2) — 4 cases

Biesele v. Mattena, 2019 UT 30 (Utah 2019). “Second, we also interpret the terms of Utah Code section 78B-8-201(2), which provides that “[e]vidence of a party’s wealth or financial condition shall be admissible only after a finding of liability for punitive damages has been made.”

Rupp v. Ayres (In Re Fabbro), 411 B.R. 407 (Bankr. D. Utah 2009). “Punitive Damages Punitive damages in Utah are governed by § 78B-8-201 of the Utah Code. Section 78B-8-201(l)(a) states: Except as otherwise provided by statute, punitive damages may be awarded only if compensatory or general damages are awarded and it is established by clear and…”

Cartwright (D. Utah 2026).

Rossi v. Univ. of Utah (D. Utah 2024).

— Utah Code § 78B-8-201(2)(a) — 2 cases

Judge v. Saltz Plastic Surgery, PC, 330 P.3d 126 (Utah Ct. App. 2014).

Hicks v. Milton (D. Utah 2023).

— Utah Code § 78B-8-201(3) — 1 case

Braun v. Medtronic Sofamor Danek, Inc., 30 F. Supp. 3d 1260 (D. Utah 2014).

— Utah Code § 78B-8-201(3)(a) — 1 case

Braun v. Medtronic Sofamor Danek, Inc., 30 F. Supp. 3d 1260 (D. Utah 2014).

— Utah Code § 78B-8-201(l)(a) — 3 cases

Farm Bureau Life Ins. v. Am. Nat'l Ins., 408 F. App'x 162 (10th Cir. 2011).

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