Farnum v. Carvers
Dram Shop
Case Review
Outcome: Settled
Case experience: Dram Shop · Liquor Liability · Bar Operations
Home / Expert Witness by State / Utah
Utah · Apparently under the influence
Utah Dram Shop Expert Witness
Ryan Dahlstrom accepts expert-witness engagements in Utah and is retained by attorneys representing plaintiffs and defendants. He evaluates alcohol-service practices, staffing, training and supervision against hospitality industry standards.
Alcohol Service
Dram Shop and Liquor Liability in Utah
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 program.
This summary is general information for counsel, not legal advice. Statutes, regulations and case law change; counsel should confirm the law in effect on the date of loss. Ryan Dahlstrom's opinions address operational practices measured against hospitality industry standards; he does not offer opinions on the law.
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
Selected Engagements
Representative Settled Utah Matters
Ryan was retained by Siegfried & Jensen for the plaintiff in Farnum v. Carvers, a Utah dram shop matter. Case review; the matter settled.
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
Expert Witness Services by State
Ryan Dahlstrom accepts expert-witness engagements in all 50 states.
Utah Matter Under Review?
Submit a case inquiry for a confidential conflicts check and evaluation. Ryan responds to case inquiries within one business day.