Utah’s Dram Shop Laws
Accidents arising from intoxication cause serious injuries and death every year in Utah. The Centers for Disease Control and Prevention report that 469 people were killed in drunk driving accidents in Utah from 2003-2012. Additionally, drunk driving accounts for 16 percent of all vehicle crashes in Utah. In some of these cases, the injured party may be able to recover damages from the person or business who served the drunk driver alcohol under Utah’s dram shop law.
Most states have enacted dram shop laws in an attempt to curb injuries and deaths resulting from drunk driving. Dram shop laws can be enacted by the state legislature or can stem from case law. These laws allow the injured person to hold a business who serves alcoholic drinks strictly liable for injuries caused by a customer’s intoxication when certain conditions are met.
Does Utah Have a Dram Shop Law?
Yes. 30 states, including Utah, have dram shop laws in place. Utah is one of 22 states that limit strict liability to cases in which the business served or sold alcohol to individuals who were underaged or appeared intoxicated.
When Can a Business Be Held Responsible Under Utah’s Dram Shop Law?
Utah Code Ann. §32B-15-201, known as the Alcoholic Product Liability Act, provides that in order for a business that sells alcoholic beverages to be held liable for injuries caused by its customer, the business must have served alcohol to:
- A person who is under age 21,
- A person who appears to be under the influence of drugs or alcohol,
- A person who the server knew or should have known was under the influence of drugs or alcohol, or
- A person who is known to be an interdicted person. This is someone the courts have ordered to abstain from alcohol.
Importantly, in order to hold the business liable, the injured person must prove that the business served the customer alcohol and that the customer’s resulting intoxication caused the accident and resulting injuries.
Can a Social Host Be Held Responsible for Injuries Caused by Their Guest’s Intoxication?
Yes, in limited circumstances. A social host is someone who is not a business owner and who is hosting friends or acquaintances socially. An adult social host could be responsible for directly giving alcohol to a minor when the alcohol causes intoxication and that intoxication then causes injury or death to another person. The adult serving the alcohol must have known or should have known that the person to whom they gave alcohol was a minor.
What Monetary Damages Are Available to an Injured Person Under Utah’s Dram Shop Law?
Utah law states that an injured person can recover for any and all injuries and damages resulting from an intoxicated person’s actions, except for punitive damages. This means that the injured party may be able to recover a monetary amount for the following general and specific compensatory damages:
- Medical bills
- Loss of earnings
- Loss of future earnings
- Cost of future medical care
- Household expenses
- Costs associated with canceled trips or altered plans
- Pain and suffering
- Mental anguish
- Loss of consortium or companionship
If you need assistance with a drunk driving or dram shop law personal injury claim, it is important that you get legal help. Contact our Logan, Utah personal injury attorneys today by calling (435) 800-7174.
