Uniform Apportionment of Tort Responsibility Act Law and Legal Definition

Uniform Apportionment of Tort Responsibility Act (UATRA) was promulgated by the National Conference of Commissioners on Uniform State Laws in 2002. It replaces the Uniform Comparative Fault Act and the older Uniform Contribution among Joint Tortfeasors Acts. The new Uniform Act adopts a partial or modified form of comparative fault. In the modified form, when an injured person's contributory fault reaches a sufficient enough proportion, it becomes an absolute defense. Under that sufficient amount, the injured person's fault is measured against the fault of all other tortfeasors to determine the percentage for which each is responsible. Sufficient amount to trigger an absolute defense may be either 50% or more than 50%. A state is offered the opportunity to choose either of these formulae. If there are multiple tortfeasors and there is no joint and several liability, the judgment assesses the responsibility of multiple tortfeasors severally to each. The injured party's fault is part of the assessment of responsibility. The injured party has the opportunity, if a claim is not paid by a tortfeasor in the time an injured person has to file a motion for a new trial, to move for a reallocation proceeding. In such a proceeding, the court may determine if there is an uncollectable share, and thus reallocate the uncollectable share among all who remain responsible. Any tortfeasor who pays the uncollected share of another has recourse against that other in all cases. The Uniform Act deals with other problems of both comparative fault and joint and several liability. The rules of the Uniform Apportionment of Tort Responsibility Act reconcile the inherent conflicts in the uneven development of comparative fault doctrine and the problems of multiple tortfeasors.