January 26, 2023

Purpose of the Utah Dramshop Act: Protecting the Public from Overserved Individuals

The Utah Dramshop Act, formally known as the Alcoholic Product Liability Act (Utah Code 32B-15-1), imposes a duty on alcohol-serving establishments to avoid overserving patrons. Bars, restaurants, and other alcohol-serving venues are legally responsible for the damages caused by intoxicated individuals if they serve alcohol irresponsibly. This law is designed to protect the public from harm caused by overserved or illegally served individuals.

1. Introduction

The Utah Dramshop Act, or Alcoholic Product Liability Act, holds alcohol-serving establishments accountable for the actions of intoxicated patrons. This law aims to deter irresponsible alcohol service and ensure victims receive compensation for injuries caused by drunk individuals.

2. What is the Purpose of the Dramshop Act?

The primary purpose of the Utah Dramshop Act is to:

  • Protect the public: Prevent harm caused by overserved or illegally served individuals.
  • Hold establishments accountable: Ensure bars, restaurants, and similar venues follow responsible alcohol service practices.
  • Provide victims a pathway for compensation: Allow injured parties to pursue claims against negligent establishments.

3. Who is Protected by the Utah Dramshop Act?

The Dramshop Act protects:

  1. Innocent Victims: Individuals injured or killed due to the actions of intoxicated patrons.
  2. Families of Victims: Families may pursue wrongful death claims if a loved one is killed.
  3. The General Public: By deterring overservice, the law indirectly protects everyone.

4. Liability of Bars and Restaurants

Alcohol-serving establishments in Utah can be held liable if:

  • They overserve alcohol to a visibly intoxicated patron.
  • They serve alcohol to a known “interdicted person.”
  • They serve alcohol to an underage minor who causes harm.

5. Key Examples of Dramshop Act Violations

Here are the main violations under Utah’s Dramshop Act:

  1. Overserving an Intoxicated Patron
    • Continuing to serve alcohol to someone who is visibly drunk.
  2. Serving an Interdicted Person
    • Providing alcohol to someone prohibited by law or court order from drinking.
  3. Serving a Minor
    • Knowingly selling or serving alcohol to someone under the legal drinking age.

6. Example Scenarios Under the Utah Dramshop Act

Example 1: Overserved Patron Causes Injury

A Provo, UT bar serves alcohol to a visibly intoxicated patron. Surveillance footage shows the patron stumbling and incoherent. After leaving the bar, the intoxicated patron drives and hits a pedestrian.

  • The bar is responsible for the pedestrian’s injuries, in addition to the drunk driver’s liability.

Example 2: Serving an Interdicted Person

A bar knowingly serves alcohol to an “interdicted person” under Utah law. The interdicted person later causes a fatal accident.

  • The bar violated its duty and is liable for damages caused.

Example 3: Serving a Minor

A waiter serves alcohol to an underage minor without checking ID. The minor causes a car crash, injuring another driver.

  • The bar or restaurant is legally responsible for the injured driver’s damages.

7. Utah Code Definitions

“Interdicted Person” (Utah Code 32B-1-102(57))

An interdicted person is:

  1. Prohibited by law from consuming alcohol.
  2. Subject to a court order preventing alcohol consumption.

8. Statutory Liability Limits

The Utah Dramshop Act includes specific liability limits on damages. While limits can vary depending on the circumstances, careful review of Utah Code 32B-15-1 is necessary to understand caps on compensation.

9. Statute of Limitations

Time Limits for Filing a Claim

Under the Dramshop Act:

  • Claims must be filed within the time limits specified by Utah law.
  • Delay in filing can result in dismissal of the claim, so prompt action is critical.

10. Who Can File a Dramshop Claim?

Eligible parties include:

  • Injured victims of alcohol-related accidents.
  • Families of deceased victims pursuing wrongful death claims.
  • Legal representatives acting on behalf of victims.

11. Challenges in Dramshop Act Claims

Common challenges include:

  1. Proving Overservice: Establishing that the patron was visibly intoxicated when served.
  2. Establishment Negligence: Proving the bar or restaurant failed to follow responsible serving practices.
  3. Lack of Evidence: Missing video footage, receipts, or witness testimony.

12. Dramshop Act vs. Drunk Driver Liability

Both the drunk driver and the alcohol-serving establishment can be held liable.

  • Drunk Driver: Responsible for causing the accident.
  • Bar/Restaurant: Liable for overserving or serving illegally.

Victims can pursue compensation from both parties.

13. Role of Evidence in Dramshop Cases

Key evidence includes:

  • Surveillance footage showing overservice.
  • Witness testimony from bartenders, patrons, or staff.
  • Receipts and records showing alcohol sales.

14. Why You Need a Dramshop Injury Attorney

An experienced Utah injury attorney can:

  • Investigate overservice and liability under the Dramshop Act.
  • Gather evidence to strengthen your claim.
  • Navigate statutory deadlines and liability limits.

15. Contact Information for Legal Help

If you or a loved one has been injured due to the actions of an overserved patron, contact Utah Dramshop Injury Attorney Jake Gunter for expert legal guidance.

Call/Text (801) 373-6345 for a Free Consultation.