What Are Utah’s Dram Shop Laws?

Many times, when an intoxicated person (such as a drunk driver) causes injury or death to another person, the victim is able to file a personal injury claim against the drunk driver. However, in some cases, the intoxicated individual is not the only at-fault party in the incident. This is where dram shop laws may come into play.

What Are Dram Shop Laws?

Generally speaking, a dram shop law is a civil liability statute that holds businesses and commercial establishments (bars, restaurants, taverns, pubs, etc.) responsible for serving or selling alcoholic beverages in a negligent manner. If the intoxicated patron then goes on to cause harm to another person, the alcohol vendor may be held liable.

Bartender holds on to keys of an overly intoxicated person.

Dram shops may act negligently by serving alcohol to already visibly intoxicated people, or by allowing the sale of alcohol to an individual under the legal drinking age.

For example, suppose a person named “John” goes into a bar and is already obviously intoxicated (slurring his speech, stumbling, etc.), but the bartender serves him drinks anyway. When John leaves the bar, he gets into his motor vehicle and drives away. John then causes a car accident, resulting in injuries to a third person, and is charged with DUI (driving under the influence). In this instance, the bar may also be held liable for the accident victim’s injuries and damages, because they negligently served John after he was already visibly intoxicated.

Proving dram shop liability can be tricky. A personal injury attorney can help you gather the evidence you need for your claim.

Does Utah Have Dram Shop Laws?

Utah has alcohol laws under Title 32B known as the Alcoholic Beverage Control Act. Section 32B-15-201 of the Utah Code, also known as the Utah Alcoholic Product Liability Act, includes dram shop laws. This law specifies that an alcohol serving establishment who sells, gives, or otherwise provides an alcoholic product to an individual may be held liable for the injury or death of a third person, if the drinks were served under the following circumstances:

  • To an individual under 21 years old.
  • To an individual who is apparently under the influence of an alcoholic product or drug.
  • To an individual whom the person furnishing the alcoholic product knew or should have known from the circumstances was under the influence of an alcoholic product or drug.
  • To an individual who is a known interdicted person.
  • And the injury or death results from the intoxication of the individual who is provided the alcoholic product.

Utah also has a social host liability law, which specifies that any person (not just commercial businesses) over the age of 21 who provides alcohol to an underage person (an individual under 21 years old) may be held liable if the underage person’s intoxication causes injury or death of a third person.

Most states have a dram shop act of some kind. The only states without dram shop laws are:

  • Maryland
  • South Dakota
  • Kansas
  • Delaware
  • Nevada
  • Virginia

What Must Be Proven in a Utah Dram Shop Case?

State laws vary when it comes to dram shop liability–in New York, for example, dram shop claims are strict liability lawsuits instead of negligence lawsuits.

In Utah, there are several factors that must be proven in order for a dram shop or social host to be held liable for the actions of an intoxicated person.

The injured person must be able to prove:

  • They were injured by an intoxicated person.
  • The intoxicated person was served alcohol in an unlawful manner by a bar, restaurant, social host, or other alcohol serving establishment.

How Can A Personal Injury Attorney Help Me?

If you have been involved in a drunk driving accident or have been otherwise injured by an intoxicated person, you may be entitled to financial compensation from the intoxicated driver, as well as the establishment that provided them with alcohol.

A personal injury lawyer can help investigate your accident, gather evidence, and negotiate a settlement for you. Your attorney will also help you meet deadlines, so that the statute of limitations (2 years in Utah) does not expire.

The Advocates have represented thousands of accident victims over the last 30 years, and we can help you too. We will be by your side to answer your questions, provide updates on your case, and provide you with the resources you need during your recovery.

Contact us today for a free consultation. You deserve an attorney who will fight for your best interests. You deserve an Advocate.

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