What are the dram shop and social host laws in Utah? Dram shop and social host laws in Utah allow victims to sue those who sold or served alcohol to the person who caused the drunk driving accident under certain circumstances. A Salt Lake City DUI accident lawyer can determine if the laws apply to your situation and help you fight for justice.
When Dram Shop and Social Host Laws May Apply to Your Accident Claim
Knowing what to do after an accident with an impaired driver makes a difference in how your claim proceeds. First, get medical care right away, even if you do not require emergency transport to a facility. The official injury diagnosis and your compliance with treatment protocols protect your health and support your claim.
After that, connect with an attorney. Most victims do not recognize the extent and value of their damages, or that there may be more than one party to hold accountable for compensation. These reasons, among others, are why you need an accident lawyer.
The drunk driver who hit you may not be the only one responsible for compensating you for your losses. That driver may have been overserved by a negligent bartender.
Perhaps the driver was an underage drinker, supplied with alcohol by irresponsible adults. In circumstances like these, Utah’s dram shop and social host laws may provide another path to justice.
For a free legal consultation, call (801) 266-0999
Utah’s Dram Shop and Social Host Laws Explained
Utah’s drinking laws are the strictest in the nation. While in other states a blood alcohol concentration (BAC) of .08% indicates intoxication, in Utah, it is .05%, per Utah Code 41-6a-502. Not surprisingly, the State also has strict rules governing alcohol sales and those who serve alcohol.
The Utah Code 32B-15-102 establishes the State’s dram shop law. If the sale or service of alcohol contributes to intoxication, and that intoxication contributes to an accident, injuries, or death, the alcohol seller or server can be held liable if other conditions apply.
These conditions are:
- The consumer is under age 21, the legal drinking age
- The consumer is already “apparently under the influence” of alcohol or drugs
- The seller should have known the consumer was under the influence
- The seller knew the person was legally prohibited from buying alcohol
This law applies to restaurants, bars, or other alcohol distributors who make money from the sale of alcohol.
Utah’s Social Host Laws Explained
The State’s social host laws are established under Utah Code 32B-15-201. It applies to any person who is of legal drinking age who supplies an underage person with alcohol.
If the underage person becomes intoxicated from the alcohol and hurts someone else, the victim may have grounds to hold the social host liable.
Proving a Utah Dram Shop or Social Host Claim
An experienced Salt Lake City drunk driving accident attorney knows how liability is determined in a drunk driving accident. Through a careful post-accident analysis, your attorney will discover what happened and who is to blame. Often, the drunk driver holds most of the blame. Sometimes, alcohol sellers or servers are also at fault.
The analysis may show the driver was at a pub in the time preceding the crash. Your attorney can look for evidence that the pub owner or bartender continued to serve this patron even after they showed signs of intoxication.
The timing of the drinking episodes factors heavily in dram shop and social host laws, so you need representation from an attorney with investigative experience and resources.
Your attorney will pursue other sources of information. Witnesses may attest to the driver’s condition. Pub receipts may show the number of drinks ordered. Your lawyer can send a letter to preserve footage from the pub’s security cameras, which may also reveal the driver’s level of intoxication.
Social Host Claims
Parents of a high-school student may agree to host a Homecoming party, alcohol included. The drunk teen may have gotten behind the wheel and hit you. An experienced attorney will know what types of evidence to look for and where to find it.
Your attorney will talk to the police and to witnesses. The other party-goers’ social media accounts may also be information-rich. A skilled lawyer will investigate every potential source of information to build a convincing claim.
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Compensation for Drunk Driving Accidents
When holding the driver accountable, the damages to claim after a drunk driving accident include economic, non-economic, and sometimes punitive damages. Economic and non-economic damages are compensatory. They make up for your losses and suffering, including:
- Medical care
- Income loss
- Property damage or destroyed
- Any additional related expenses
- Physical and emotional distress
- Diminished enjoyment of life
Punitive damages are not compensatory. They punish the at-fault party for their horrific act of negligence. Punitive damages are not available in all cases. If they apply to yours, you can expect your attorney to fight for the highest amount possible.
Compensation for Dram Shop and Social Host Claims
Utah does not usually impose a limit on compensatory damages in claims against drunk drivers. There are limits for dram shop and social host claims under Utah Code 32B-15-301.
The State puts limits of $1 million per person and $2 million per accident for economic and non–economic damages. These claims do not allow the pursuit of punitive damages.
The Code also imposes a time limit for pursuing dram shop damages. Victims have two years from the accident date to file a claim. Partner with an attorney quickly. With a prompt connection, your lawyer can investigate your situation fully, gather evidence before it is lost or destroyed, and file within the deadline.
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We Fight to Hold All Negligent Parties Accountable
Drunk drivers must be held accountable for the damage they cause, but they may not be the only parties who owe you compensation. Those selling and serving alcohol also play a part in preventing or causing devastating accidents.
Siegfried & Jensen knows how dram shop and social host laws work in Utah, and we are ready to demand justice from all who contributed to your accident and losses.
Call or text (801) 266-0999 or complete a Free Case Evaluation form
