Farnum v. Carvers
Dram Shop
Case Review · Settled
Case experience: Dram Shop · Liquor Liability · Bar Operations
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Utah · Apparently under the influence
Utah Dram Shop Expert Witness
Two disclosed Utah dram shop engagements, both retained by plaintiff counsel. Utah's Alcoholic Product Liability Act reaches service to a minor or to a person apparently under the influence — and caps damages.
Applicable Law
Utah's Alcoholic Product Liability Act
Utah's cause of action sits in the Alcoholic Product Liability Act, Utah Code § 32B-15-201 and following. A provider may be liable for injury or death to a third person where an alcoholic product was furnished to an individual who was under 21, who was apparently under the influence of alcohol or drugs, whom the provider knew or should have known was under the influence, or who was a known interdicted person — and the injury resulted from that intoxication.
Damages are capped under § 32B-15-301 — $1,000,000 per person and $2,000,000 in the aggregate for all persons injured in a single occurrence — and punitive damages are not available on the statutory claim.
The limitation period is two years. Utah's regulatory environment is among the most prescriptive in the country, which cuts both ways evidentially: there is usually far more documentation of licensing conditions, training and service rules than in a permissive state, and correspondingly less room for an operator to argue that no standard applied.
Server training
Utah requires alcohol training and education for servers and managers at licensed establishments, administered under the state's alcohol training and education programme.
How counsel plead it
Utah counsel plead the Dram Shop Act or the Alcoholic Product Liability Act, and argue the patron was apparently under the influence.
Statutes and regulatory schemes change. The citations above are starting points for counsel, verified at the time of writing against the state code and the regulator named — they are not legal advice, and Ryan does not offer opinions on the law itself.
Evidence
What Ryan Reviews in a Utah Matter
The evidence set follows the legal standard. Where the statute turns on what was observable, the analysis runs on video, service records and staffing; where it turns on security or premises conditions, it runs on deployment, supervision and incident history.
- Alcohol training and education certification for staff on shift
- POS and tab records against the service timeline
- Surveillance video for observable indicators of influence
- Licensing conditions applicable to the venue type
- House policy on service, cut-offs and identification checks
- Staffing and supervision at the relevant time
Disclosed Utah Experience
2 Disclosed Matters
Two Utah engagements are disclosed, both retained by Siegfried & Jensen for the plaintiff: Farnum v. Carvers (case review; settled) and Boldan v. Dubai Ultra Lounge and Julian Navarrete (case review and expert report).
Boldan v. Dubai Ultra Lounge and Julian Navarrete
Dram Shop
Case Review · Expert Report
Case experience: Dram Shop · Nightclub Operations · Liquor Liability
Questions
Utah — Common Questions from Counsel
What is the damages cap in a Utah dram shop case?
Utah Code § 32B-15-301 caps statutory dram shop damages at $1,000,000 per person and $2,000,000 in the aggregate for a single occurrence, and punitive damages are not available on the statutory claim.
How long do you have to file a Utah dram shop claim?
Two years. Early retention matters more than usual, because surveillance video at most venues is overwritten in days or weeks.
What does 'apparently under the influence' require?
That the individual's condition was observable — the same operational question as visible intoxication elsewhere. It is answered from service records, video, staffing and what the venue's own procedures required staff to watch for.
Other Jurisdictions
States With Disclosed Experience
Ryan is available nationwide. These are the jurisdictions his CV documents.
Utah Matter Under Review?
Submit a case inquiry for a confidential conflicts check and evaluation. Ryan responds to all inquiries within one business day.