32B-15-302 (Effective 07/01/11) - Action for contribution by provider of an alcoholic product.
32B-15-302 (Effective 07/01/11). Action for contribution by provider of an alcoholicproduct.
(1) (a) Except as provided in Subsections (2) and (3), a person, as defined under Section32B-15-201 or Subsection 32B-15-202(1), against whom an award is made under this chapter,may bring a separate cause of action for contribution against any person causing the injury anddamage.
(b) The maximum amount for which a person causing the injury and damage may beliable to a person seeking contribution is that percentage or proportion of the damages equivalentto the percentage or proportion of fault attributed to that person causing the injury and damage.
(2) This action for contribution under this section may not be brought against:
(a) a person entitled to recovery as described in Subsection 32B-15-201(1)(a)(i) or (ii); or
(b) a person entitled to recover as described in Subsection 32B-15-201(2)(a)(i) or (ii).
(3) An action for contribution under this section may not diminish the amount ofrecovery for injury or damages awarded and received to a person entitled to recover as describedin Subsection 32B-15-201(1)(a)(i) or (ii) or 32B-15-201(2)(a)(i) or (ii):
(a) in a cause of action brought under this chapter; or
(b) in a separate cause of action for injury and damage that is not brought under thischapter.
Enacted by Chapter 276, 2010 General Session