Understanding Utah’s Dram Shop Liability Law
Most people know Utah’s strict drunk driving laws. However, fewer are aware of Utah’s Dram Shop Liability Law, part of the Utah Alcoholic Product Liability Act. This law holds bars, hotels, and other alcohol-serving establishments accountable if they overserve alcohol to patrons who later cause injury. With this law, victims and their families can seek compensation from both the drunk driver and the establishment responsible for overserving.
Frequently Asked Questions
Does Utah Have Dram Shop Laws?
Yes. Utah’s Dram Shop Liability Law is outlined in the Utah Alcoholic Product Liability Act, Utah Code Ann. 32B-15-1.
What is the Legal Standard in Dram Shop Cases?
If an alcohol-serving establishment overserves a visibly intoxicated person who later injures or kills someone, they are liable. These cases often involve drunk drivers who were served beyond reasonable limits and later caused severe harm. In these situations, both the drunk driver and the establishment may face liability claims from the injured parties.
Utah Dram Shop Statute of Limitations
Utah’s statute of limitations for Dram Shop cases is two years from the incident date. However, exceptions may apply. Consult with a Utah injury attorney to preserve your rights and ensure timely action.
Damage Caps in Utah
Utah law caps damages against establishments as follows:
- $1 million per person
- $2 million per incident, regardless of the number of injured parties
Notably, these caps do not apply to the drunk driver responsible for the injury.
Exceptions to Utah’s Dram Shop Liability
Utah’s Dram Shop laws do not cover off-premise beer retailers licensed under Chapter 7. For instance, beer gardens are not held liable for overserving.
Examples of Dram Shop Liability Violations
- Overserving a Visibly Intoxicated Patron: A bar continues to serve a patron showing clear signs of intoxication, who then drives and causes a fatal accident.
- Serving an Interdicted Person: An establishment serves a person prohibited from purchasing alcohol, who then causes an accident.
- Serving an Underage Minor: Serving alcohol to a known minor, who later injures someone while driving.
Common Evidence in Dram Shop Cases
Typical evidence includes failure to request ID, serving underage minors, allowing visibly intoxicated patrons to drive, and video footage of patrons showing clear signs of intoxication.
Does Utah’s Dram Shop Act Apply to Social Hosts?
Generally, social hosts are not held liable under Utah’s Dram Shop Law. However, social hosts should still exercise caution when serving alcohol to guests. Overserving could lead to liability if it contributes to an accident.
Contact an Experienced Attorney
If a Dram Shop incident has impacted you or a loved one, contact Utah injury attorney Jake Gunter for a free consultation. An experienced lawyer can guide you through the process and help ensure fair compensation. Call or text Jake Gunter at (801) 373-6345 to discuss your case and explore your legal options under Utah’s Dram Shop Liability Law.
Learn More About Utah Accident Lawyer Jake Gunter 
For more insights on Utah personal injury law and to get to know Jake Gunter, check out these helpful videos:
- Meet Jake Gunter – Learn more about Jake Gunter’s background, experience, and dedication to helping clients throughout Utah.
- How to Choose a Utah Personal Injury Attorney – This video offers guidance on selecting the right personal injury attorney to ensure you receive effective representation.
- What Jake Gunter Does and Who He Represents – Discover the types of cases Jake Gunter handles and how he advocates for the rights of injured individuals statewide.
These resources will provide you with valuable information as you consider your legal options. For any questions or to schedule a free consultation, feel free to reach out to us directly.