Code-Co's Internet Access to Utah Law: http://www.code-co.com
[Utah Code Table of Contents]
[TITLE 32a. Table of Contents]
32A-14a-101 Definitions.
As used in this chapter:
(1) "Death of a third person" includes recovery for all damages, special and general, resulting from such death, except punitive damages.
(2) (a) "Injury" includes injury in person, property, or means of support.
(b) "Injury" also includes recovery for intangibles such
as mental and emotional injuries, loss of affection, and
companionship.
2000
32A-14a-102 Liability for injuries and damage resulting from distribution of alcoholic beverages - Causes of action - Statute of limitations - Employee protections.
(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 78-11-6.5 , 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, or consumption 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 alcoholic products or drugs;
(C) any individual whom the person furnishing the alcoholic beverage knew or should have known from the circumstances was under the influence of intoxicating alcoholic beverages or 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 the individual who is provided the alcoholic beverage.
(2) (a) A person 21 years of age or older who is described in Subsection (2)(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 78-11-6.5 , 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 individual who 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 alcoholic beverage;
(iii) the injury or death described in Subsection (2)(a) results from the intoxication of the individual who is provided the alcoholic beverage; and
(iv) the person is not liable under Subsection (1), because the person did not directly give or 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 its employees in violation of this chapter.
(4) A person who suffers an injury under Subsection (1) or (2) has a cause of action against 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 for injury and damage under this chapter that arises after January 1, 1998, is limited to $500,000 and the aggregate amount which may be awarded to all persons injured as a result of one occurrence is limited to $1,000,000.
(7) An action based upon a cause of action under this chapter shall be commenced within two years after the date of the injury and damage.
(8) (a) Nothing in this chapter precludes any cause of action or additional recovery against the person causing the injury.
(b) Any cause of action or additional recovery against the person causing the injury and damage, which action is not brought under this chapter, is exempt from the damage cap in Subsection (6).
(c) Any cause of action brought under this chapter is exempt from Sections 78-27-37 through 78-27-43 .
(9) This section does not apply to a general food store
or other establishment licensed under Chapter 10, Part 1,
to sell beer at retail for off-premise consumption.
2000
32A-14a-103 Employee protected in exercising judgment.
(1) An employer may not sanction or terminate the employment of an employee of a restaurant, airport lounge, private club, on-premise beer retailer, or any other establishment serving alcoholic beverages as a result of the employee having exercised the employee's independent judgment to refuse to sell alcoholic beverages to any person the employee considers to meet one or more of the conditions described in Subsection 32A-14a-102 (1).
(2) Any employer who terminates an employee or imposes
sanctions on the employee contrary to this section is considered
to have discriminated against that employee and is subject
to the conditions and penalties set forth in Title 34A, Chapter
5, Utah Antidiscrimination Act.
2000
32A-14a-104 Governmental immunity.
No provision of this title creates any civil liability
on the part of the state or its agencies and employees, the
commission, the department, or any political subdivision
arising out of their activities in regulating, controlling,
authorizing, or otherwise being involved in the sale or other
distribution of alcoholic beverages.
2000
32A-14a-105 Action for contribution by provider of alcoholic beverages.
(1) (a) Except as provided in Subsections (2) and (3), a person, as defined under Subsection 32A-14a-102 (1), (2), or (3), against whom an award has been made under this chapter, may bring a separate cause of action for contribution against any person causing the injury and damage.
(b) The maximum amount for which any person causing the injury and damage may be liable to any person seeking contribution is that percentage or proportion of the damages equivalent to 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) any person entitled to recovery as described in Subsection 32A-14a-102 (1)(a)(i) or (ii); or
(b) any person entitled to recover as described in Subsection 32A-14a-102 (2)(a)(i) or (ii).
(3) An action for contribution under this section may not diminish the amount of recovery for injury or damages awarded and received to any person entitled to recover as described in Subsection 32A-14a-102 (1)(a)(i) or (ii) or 32A-14a-102 (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 this chapter.
2000
