32A-14a-102 (Repealed 07/01/11) - Liability for injuries and damage resulting from distribution of alcoholic beverages -- Causes of action -- Statute of limitations -- Employee protections.
32A-14a-102 (Repealed 07/01/11). Liability for injuries and damage resulting fromdistribution of alcoholic beverages -- Causes of action -- Statute of limitations -- Employeeprotections.
(1) (a) Except as provided in Section 32A-14a-103, a person described in Subsection(1)(b) is liable for:
(i) any and all injury and damage, except punitive damages to:
(A) any third person; or
(B) the heir, as defined in Section 78B-3-105, of that third person; or
(ii) for the death of a third person.
(b) A person is liable under Subsection (1)(a) if:
(i) the person directly gives, sells, or otherwise provides an alcoholic beverage:
(A) to a person described in Subsection (1)(b)(ii); and
(B) as part of the commercial sale, storage, service, manufacture, distribution, orconsumption of alcoholic products;
(ii) those actions cause the intoxication of:
(A) any individual under the age of 21 years;
(B) any individual who is apparently under the influence of intoxicating alcoholicproducts or drugs;
(C) any individual whom the person furnishing the alcoholic beverage knew or shouldhave known from the circumstances was under the influence of intoxicating alcoholic beveragesor products or drugs; or
(D) any individual who is a known interdicted person; and
(iii) the injury or death described in Subsection (1)(a) results from the intoxication of theindividual who is provided the alcoholic beverage.
(2) (a) A person 21 years of age or older who is described in Subsection (2)(b) is liablefor:
(i) any and all injury and damage, except punitive damages to:
(A) any third person; or
(B) the heir, as defined in Section 78B-3-105, of that third person; or
(ii) for the death of the third person.
(b) A person is liable under Subsection (2)(a) if:
(i) that person directly gives or otherwise provides an alcoholic beverage to an individualwho the person knows or should have known is under the age of 21 years;
(ii) those actions caused the intoxication of the individual provided the alcoholicbeverage;
(iii) the injury or death described in Subsection (2)(a) results from the intoxication of theindividual who is provided the alcoholic beverage; and
(iv) the person is not liable under Subsection (1), because the person did not directly giveor provide the alcoholic beverage as part of the commercial sale, storage, service, manufacture,distribution, or consumption of alcoholic products.
(3) Except for a violation of Subsection (2), an employer is liable for the actions of itsemployees in violation of this chapter.
(4) A person who suffers an injury under Subsection (1) or (2) has a cause of actionagainst the person who provided the alcoholic beverage in violation of Subsection (1) or (2).
(5) If a person having rights or liabilities under this chapter dies, the rights or liabilities
provided by this chapter survive to or against that person's estate.
(6) The total amount that may be awarded to any person pursuant to a cause of action forinjury and damage under this chapter that arises after January 1, 2010, is limited to $1,000,000and the aggregate amount which may be awarded to all persons injured as a result of oneoccurrence is limited to $2,000,000.
(7) An action based upon a cause of action under this chapter shall be commenced withintwo years after the date of the injury and damage.
(8) (a) Nothing in this chapter precludes any cause of action or additional recoveryagainst the person causing the injury.
(b) Any cause of action or additional recovery against the person causing the injury anddamage, which action is not brought under this chapter, is exempt from the damage cap inSubsection (6).
(c) Any cause of action brought under this chapter is exempt from Sections 78B-5-817through 78B-5-823.
(9) This section does not apply to a business licensed under Chapter 10, Part 1, GeneralProvisions, to sell beer at retail only for off-premise consumption.
Repealed by Chapter 276, 2010 General Session
Amended by Chapter 383, 2009 General Session