Utah Asbestos & Mesothelioma Lawsuits: Deadlines, Claims, and Legal Options
From the copper mines of Bingham Canyon to the oil refineries of Salt Lake City and the natural asbestos deposits throughout the Wasatch Mountains, Utah's mining and industrial legacy created significant asbestos exposure across the Beehive State. Our comprehensive database documents 401 asbestos exposure sites across 93 Utah communities—from the massive Kennecott Utah Copper operations to the Standard Oil refinery in Salt Lake City, and the natural tremolite deposits that put miners and nearby residents at risk.
Utah offers strong legal protections for mesothelioma families. The state follows a discovery rule that protects victims of diseases with long latency periods, has no statutory caps on noneconomic damages in product liability cases, and provides modified comparative negligence that allows recovery if you're 50% or less at fault. Utah's proportionate responsibility system means each defendant pays their fair share, though joint liability has been largely abolished except in strict liability cases.
Time is critical. Utah's two-year discovery rule means your family's deadline to file began when you learned your illness was caused by asbestos exposure. Don't let corporate defendants benefit from delay—your family deserves experienced advocates who understand both Utah's unique mining and industrial legacy and its legal framework.
This page is part of our broader mission. I started this firm after learning that the cancers that killed my father and grandparents were caused by asbestos—something we didn't realize until it was too late to hold anyone accountable. That experience is why we built this site: to make sure no other family misses their chance.
— Firm Founder, Justinian Lane
If you’re trying to make sense of complex legal and medical terms, our Asbestos Lexicon explains the terminology in plain English. For a deeper understanding of how mesothelioma lawsuits actually work—from proving liability to calculating damages—visit our Complete Guide to Mesothelioma Lawsuits.
Free Case Review | No Fees Unless We Win | Call 833-4-ASBESTOS
Utah Asbestos Law Summary
Legal Topic | Utah Law | What This Means for Your Family |
|---|---|---|
Deadlines and Accrual Rules | ||
Filing Deadline – Personal Injury | 2 years from discovery (Utah Code § 78B-6-706(1)) | You must file within 2 years of learning that asbestos exposure caused your illness and identifying the product maker. |
Filing Deadline – Wrongful Death | 2 years from death (Utah Code § 78B-2-304(2)) | Your family has 2 years from the date of death to file a wrongful death claim, subject to product liability rules. |
Statute of Repose | 10 years from first sale (Utah Code § 78B-6-706(3)) | Asbestos claims may be barred if filed more than 10 years after the product was sold, unless an exception applies. |
Standards of Proof and Causation | ||
Causation Standard | Substantial factor with product identification and exposure history | You must show that a specific asbestos product significantly contributed to your illness. |
Expert Testimony | Daubert-like reliability standard (State v. Rimmasch) | Expert opinions must be based on reliable scientific methods and tailored to the facts of your case. |
Punitive Damages | Capped at 3x compensatory or $100,000 (Utah Code § 78B-8-201(1)) | Punitive damages are allowed if the defendant acted with malice or reckless indifference. Caps may not apply to intentional acts. |
Damages and Caps | ||
Economic Damages | No cap | You can recover the full cost of medical care, lost income, and other financial losses. |
Noneconomic Damages | No cap in product liability cases | Pain and suffering and emotional distress are fully compensable in asbestos cases. |
Loss of Consortium | Permitted | Spouses and sometimes children may be compensated for loss of companionship and services. |
Liability and Fault Rules | ||
Comparative Fault | Modified 50% bar (Utah Code § 78B-5-818) | You can recover damages only if your fault is less than 50%. Your award is reduced by your percentage of fault. |
Joint and Several Liability | Abolished except in strict liability cases (Utah Code § 78B-5-820) | Each defendant usually pays only their share of fault, unless strict liability or certain exceptions apply. |
Other Considerations | ||
Collateral Source Rule | Modified (Utah Code § 78B-5-824) | Defendants can introduce evidence of insurance or other payments unless the source has subrogation rights. |
Wrongful Death Recovery | Permitted (Utah Code § 78B-3-106) | Heirs may recover for loss of support, companionship, and funeral expenses. |
Survival Actions | Permitted (Utah Code § 78B-3-107) | The estate may recover for pain and suffering, medical expenses, and lost income before death. |
Utah Asbestos Law Details
Utah asbestos lawsuits are governed by a combination of statutory deadlines and product liability rules under the Utah Products Liability Act (UPLA). Personal injury claims must typically be filed within four years, but asbestos cases are subject to a two-year deadline from the time the plaintiff knew or should have known the injury, its cause, and the identity of the product maker. Utah follows a modified comparative fault rule and has effectively abolished joint and several liability, except in strict liability cases. The state imposes limits on noneconomic damages in medical malpractice cases, but not in most product liability suits. Both wrongful death and survival actions are allowed, and punitive damages may be awarded in cases of willful or reckless conduct.
Statutes of Limitation and Repose
Utah law applies a general four-year statute of limitations for personal injury and wrongful death claims (Utah Code § 78B-2-307(2)). However, asbestos cases are governed by the Utah Products Liability Act (UPLA), which imposes a two-year limitations period (Utah Code § 78B-6-706(1)).
Accrual Rule: For asbestos-related injuries, the two-year period begins when the plaintiff knew or should have known of:
The injury,
The cause of the injury, and
The identity of the product manufacturer or supplier (Utah Code § 78B-6-706(2)).
Wrongful Death: Also subject to a two-year limitation from the date of death (Utah Code § 78B-2-304(2)), but claims must also comply with UPLA rules if they are based on product liability.
Statute of Repose: Utah has a 10-year statute of repose under UPLA (Utah Code § 78B-6-706(3)). Claims must be brought within 10 years of the time the product was first sold for use.
However, courts have recognized exceptions in cases of long-latency diseases, and asbestos cases may qualify depending on the facts.
Eligibility to Sue
Anyone diagnosed with mesothelioma or another asbestos-related illness may bring a personal injury lawsuit. After death, a wrongful death claim may be brought by the heirs or personal representative (Utah Code § 78B-3-106). Utah also allows survival actions for damages suffered before death, including pain, suffering, and lost wages (Utah Code § 78B-3-107).
Workers’ Compensation Limitations
Utah’s Workers’ Compensation Act generally bars lawsuits against employers for workplace injuries (Utah Code § 34A-2-105). However:
Injured workers may sue third parties, including manufacturers and contractors.
If the employer does not carry valid workers’ compensation coverage, the employee may sue the employer directly.
Employers or their insurers may assert a lien against third-party recoveries for benefits already paid (Utah Code § 34A-2-106).
Damages and Caps
Economic Damages: Fully recoverable. Includes medical bills, lost wages, and future care. No statutory cap.
Noneconomic Damages: No cap in asbestos-related product liability cases. A $450,000 cap applies only to medical malpractice cases (Utah Code § 78B-3-410).
Loss of Consortium: Recognized under Utah law and included within noneconomic damages.
Punitive Damages: Available upon showing of willful and malicious or intentionally fraudulent conduct, or conduct with reckless indifference (Utah Code § 78B-8-201(1)).
Punitive damages are capped at the greater of:
$100,000, or
Three times the amount of compensatory damages, unless the defendant acted intentionally (Day v. State ex rel. DOT, 980 P.2d 1171 (Utah 1999)).
Comparative Fault and Joint Liability
Utah uses a modified comparative fault system with a 50% bar:
A plaintiff may recover damages only if their share of fault is 49% or less (Utah Code § 78B-5-818).
Damages are reduced in proportion to the plaintiff’s share of fault.
Utah has abolished joint and several liability in most cases (Utah Code § 78B-5-820).
Each defendant is liable only for their own percentage of fault, unless:
The case involves strict liability (e.g., asbestos product liability under UPLA), or
The defendant fails to appear or settles before trial.
Collateral Source Rule
Utah allows defendants to introduce evidence of collateral source payments (e.g., insurance, Medicare) unless the plaintiff shows:
A right of subrogation applies, or
The benefits came from gratuitous sources (e.g., gifts) (Utah Code § 78B-5-824(2)).
If the court allows such evidence, it may reduce the judgment accordingly. This makes Utah a modified collateral source rule state.
Standards of Proof and Causation
Plaintiffs must prove that the defendant’s product was a substantial factor in causing their illness. This includes:
Identifying the asbestos-containing product,
Showing frequency, regularity, and proximity of exposure, and
Providing medical expert testimony linking that exposure to mesothelioma or another asbestos-related disease.
Expert Testimony
Utah applies a Daubert-like reliability standard under Utah Rule of Evidence 702 and cases such as State v. Rimmasch, 775 P.2d 388 (Utah 1989).
Experts must be qualified.
Their methods must be scientifically reliable and relevant to the facts.
Trial courts serve as gatekeepers.
Experts in asbestos cases—such as pulmonologists, industrial hygienists, and pathologists—must provide specific, product-related opinions.
Wrongful Death and Survival Actions
Wrongful Death: May be filed by heirs or the estate. Recoverable damages include loss of support, companionship, and funeral expenses (Utah Code § 78B-3-106).
Survival Actions: Allow the estate to recover for pain and suffering, lost wages, and medical bills incurred before death (Utah Code § 78B-3-107).
Punitive damages may be awarded in either action if the statutory criteria are met.
How Utah’s Laws Work in Practice
Meet Linda, a 72-year-old retired public school custodian from Ogden. From the early 1970s through the late 1980s, she worked in aging school buildings where asbestos-containing floor tiles, insulation, and ceiling panels were routinely disturbed during maintenance. In May 2024, she was diagnosed with peritoneal mesothelioma.
Because Utah applies a discovery rule in asbestos cases, Linda’s statute of limitations began in May 2024—when she first learned that her disease was linked to asbestos exposure. She has two years to file a product liability lawsuit under the Utah Products Liability Act (UPLA), which governs asbestos claims (Utah Code § 78B-6-706(1)).
The lawsuit must also comply with Utah’s 10-year statute of repose, measured from the time the asbestos product was first sold for use. However, courts have recognized equitable exceptions for diseases with long latency periods, so Linda’s claim may proceed even if the product was installed more than a decade ago (Utah Code § 78B-6-706(3)).
If Linda were to pass away before filing, her adult children could file a wrongful death claim for loss of support and companionship (Utah Code § 78B-3-106), while her estate could bring a survival action for the medical bills, pain, and lost income she incurred before her death (Utah Code § 78B-3-107).
Because multiple companies supplied asbestos materials used in Linda’s workplace, fault will be allocated among them under Utah’s modified comparative fault system. Linda may recover damages as long as she is less than 50% at fault. Her recovery will be reduced by her percentage of fault (Utah Code § 78B-5-818). Utah has abolished joint and several liability for most claims, meaning each defendant is only responsible for its share—unless strict liability applies (Utah Code § 78B-5-820).
Linda may recover economic damages for her medical costs and lost earnings, as well as noneconomic damages for her pain and suffering. Unlike malpractice cases, there is no cap on noneconomic damages in Utah product liability lawsuits. If her attorneys can show that a company acted with willful disregard or reckless indifference, they may also seek punitive damages, which are capped at the greater of $100,000 or three times the compensatory award (Utah Code § 78B-8-201(1)).
To prevail, Linda’s legal team must present expert testimony showing that she was regularly exposed to specific asbestos products and that this exposure caused her mesothelioma. Utah courts follow a Daubert-like standard under Rule 702, requiring that expert opinions be based on reliable methods and tailored to the facts of the case (State v. Rimmasch, 775 P.2d 388 (Utah 1989)).
This is a hypothetical example based on real Utah laws. Every case is unique. If you or a loved one has been diagnosed with mesothelioma, call 833-4-ASBESTOS to learn how Utah law may apply to your situation.
Why Choose Our Firm to Handle Your Family's Utah Mesothelioma Case?
Our proprietary database documents 401 asbestos exposure sites across 93 Utah communities —from Salt Lake City's industrial complexes to the mining operations throughout the Wasatch Mountains and the natural asbestos deposits that put countless residents at risk. While other firms spend months investigating your exposure history, we often know within days which companies owe you compensation.
The Result? Faster trust claims, stronger lawsuits, and maximum recovery for your Utah family—because we've already done much of the detective work your case requires.
Learn more about our firm and our database
Utah Database Highlights:
Major UT Exposure Sites | Trust Claims Available | Court Precedents |
|---|---|---|
Salt Lake City (163 documented sites) | 15+ major trusts | Mining/industrial exposure precedents |
Kennecott Copper Operations | Mining/smelting trusts | Copper mining exposure wins |
Provo (22 documented sites) | Steel/manufacturing trusts | Oil refinery exposure successes |
If you or someone in your family has been diagnosed with mesothelioma or another asbestos-related disease, our firm can begin helping your Utah family today. Here's how:
Hundreds of companies have set aside billions specifically for asbestos victims. These claims often resolve faster than lawsuits and don't require going to court. Our Utah database contains detailed records of which trust-affiliated companies supplied materials to sites across the state—from Salt Lake City's refineries and smelters to the mining operations that extracted natural asbestos deposits throughout Utah.
For example, if you worked at facilities where our database shows Fibreboard products were installed,we can file your Fibreboard trust claim immediately. While other firms would spend months investigating whether Fibreboard products were present at your workplace, we've already done that detective work. We can potentially recover $135,000 to $450,000 for mesothelioma cases depending on exposure level and diagnosis.
You can hold companies accountable through Utah's court system. Our database strengthens your case with documented evidence and court precedents from Utah worksites. We don't just argue you were exposed—we can cite specific depositions and trial records that already established liability at facilities like Kennecott's copper operations and Salt Lake City's industrial sites.
Our database contains detailed records from Utah's unique industrial sites, including testimony about which defendants' products were used in mining, smelting, and oil refining operations. This gives us crucial evidence about product failures and safety violations specific to Utah's mining and industrial environment.
Both Social Security and VA benefits provide monthly income while you pursue other compensation options. These are benefits you've already earned, and our specialized military database is particularly powerful for veterans. Utah's military history means many residents have potential VA claims from service or work on defense projects throughout the state.
Our military records are especially valuable for veterans who served at Utah installations or worked on defense projects, helping prove exposure that gets VA claims approved faster.
Learn more about the legal options available to your family
Ready to Pursue Your Utah Mesothelioma Case?
Whether you were exposed to asbestos at Kennecott Utah Copper, Standard Oil's Salt Lake City refinery, U.S. Steel facilities, or any of Utah's documented exposure sites, our experienced mesothelioma team is ready to fight for your rights.
Why Time Matters in Utah:
Two-year filing deadline from discovery under Utah's discovery rule
Multiple trust claims may be available beyond your lawsuit
No caps on noneconomic damages in Utah product liability cases
10-year statute of repose may apply, but exceptions exist for long-latency diseases
What We'll Do for Your Utah Family:
Free case evaluation to determine all available compensation sources
Immediate trust claim filings using our proprietary database of Utah exposure sites
Aggressive lawsuit preparation against manufacturers and premises owners
Strategic use of Utah's liability rules to maximize recovery from responsible defendants
Expert navigation of workers' compensation issues and premises liability claims recognized in Utah
Get started today. Our Utah mesothelioma team understands the unique mining and industrial legacy of the Beehive State and is ready to put that expertise to work for your family.
Free Case Review | No Fees Unless We Win | Call 833-4-ASBESTOS