Personal Injury
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Utah Dram Shop Liability: Suing a Bar or Business That Over-Served a Drunk Driver

General information, not legal advice. Read the full disclaimer.

Short answer: Utah's Dram Shop Act (Utah Code Title 32B, Chapter 15) lets people injured by an intoxicated person — or the heirs of someone killed — bring a claim against the business or person who provided the alcohol, in addition to a claim against the drinker. The statute sets a two-year deadline to sue, caps damages at $1,000,000 per person (and $2,000,000 for all people injured in one occurrence) for claims arising after January 1, 2010, and excludes punitive damages from a dram shop claim.

Who this guide is for

People injured, or families who lost someone, in a crash or other incident caused by a driver who had been drinking — and who want to know whether the bar, restaurant, or other provider can be held responsible.

When a provider is liable

Under § 32B-15-201(1), a person is liable if they directly give, sell, or otherwise provide an alcoholic product to someone, as part of the commercial sale, storage, service, manufacture, distribution, or consumption of alcohol, and those actions cause the intoxication of a person who is:

  • under 21;
  • apparently under the influence of alcohol or a drug;
  • someone the provider knew or should have known from the circumstances was under the influence; or
  • a known interdicted person.

The injury or death must result from that intoxication. The provider is then liable for any and all injury and damage (except punitive damages) to a third person or the third person's heirs, or for the death of a third person.

The 30-minute, 10-mile "prima facie" rule

The statute makes it prima facie evidence of liability — in effect, strong initial proof — for the apparently-intoxicated or should-have-known categories when all of these are true:

  1. the person directly provided the last drink the individual consumed before the injury or death;
  2. the individual drank it at that location;
  3. the injury or death occurred within 30 minutes after the individual left, and within a 10-mile radius of, that location; and
  4. the individual was charged with a DUI-type offense, or, if the individual died in the event, a later chemical test showed a blood alcohol concentration of .05 or higher.

The rule doesn't mean a claim fails if one element is missing; it is one route to establishing liability, and evidence like receipts, server testimony, video, and tabs can establish the rest.

Employers and servers

An employer is liable for the actions of its staff that violate the chapter (with an exception for off-premise beer retailers). The statute also protects servers: an employer can't sanction or fire staff for using independent judgment to refuse service to someone who appears to meet the intoxication conditions.

A separate rule for adults who provide alcohol to minors

A person 21 or older who directly gives or otherwise provides alcohol to someone they know or should know is under 21, and whose actions cause the intoxication that results in injury or death, can be liable even when they weren't a commercial provider. That category is limited to people who aren't already liable under the commercial-provider rule.

Limits and deadlines

  • Two years. An action under the chapter must be commenced within two years of the injury and damage (§ 32B-15-301(3)).
  • Damage caps. Awards under the chapter for injuries after January 1, 2010 are limited to $1,000,000 per person, and $2,000,000 total for everyone injured in one occurrence.
  • No punitive damages under the dram shop statute (though punitive damages may be available against the drunk driver under different rules; see Utah Punitive Damages in Injury Claims).
  • Claims against the drinker aren't capped by this section, and a dram shop claim is exempt from Utah's several-liability provisions in §§ 78B-5-817 to -823. See Utah's Several-Liability Rule.
  • Survival. If a person with rights or liabilities under the chapter dies, those rights and liabilities pass to or against their estate.
  • Exemption. The chapter doesn't apply to a business licensed only to sell beer at retail for off-premise consumption.

Evidence that matters

  • Receipts, tabs, and payment records showing what was served and when.
  • Surveillance video — send a preservation request quickly; footage is often overwritten.
  • Witnesses, including servers and other patrons.
  • The DUI charge and chemical test results.
  • Police and crash reports. See How to Request a Utah Traffic Accident Report.

Frequently asked questions

Can I sue a bar if a drunk driver hit me in Utah?

Possibly. The provider is liable if it directly provided alcohol that caused the intoxication of someone who was under 21, apparently under the influence, or known to be under the influence, and the injury resulted from that intoxication.

Is there a deadline?

Yes — two years from the injury and damage.

Are there limits on the amount?

For incidents after January 1, 2010: $1,000,000 per person and $2,000,000 per occurrence under the dram shop chapter.

Can I get punitive damages from the bar?

Not under the dram shop statute.

Does the drunk driver's insurance matter?

Yes. You can pursue the driver separately, and a claim against the driver isn't subject to the dram shop cap. See How Utah Drunk Driving Accident Victims Can Recover Damages.

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