DRAM SHOP LIABILITY COMPLAINT — UTAH

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Count I — Dram Shop Liability (Utah Code § 32B-15-201)
6. Count II — Social Host Liability (Utah Code § 32B-15-201(2))
7. Count III — Negligence
8. Damages
9. Jury Demand
10. Prayer for Relief
11. Verification
12. State-Specific Notes

CAPTION

IN THE [____________________] DISTRICT COURT
IN AND FOR [____________________] COUNTY, STATE OF UTAH

PARTIES

1. Plaintiff [PLAINTIFF NAME] is an individual residing at [ADDRESS], [CITY], [COUNTY] County, Utah [ZIP CODE].

2. Defendant [PROVIDER NAME] ("Provider Defendant") is a [corporation/LLC/individual/partnership] that, at all relevant times, [held a liquor license issued by the Utah Department of Alcoholic Beverage Services (DABS), License No. [____________], and operated [ESTABLISHMENT NAME] at [ADDRESS] / was a person 21 years or older who directly gave or provided alcoholic products], [CITY], [COUNTY] County, Utah [ZIP CODE].

3. Defendant [INTOXICATED PERSON NAME] ("Intoxicated Defendant") is an individual residing at [ADDRESS], [CITY], [COUNTY] County, Utah [ZIP CODE].

JURISDICTION AND VENUE

4. This Court has jurisdiction pursuant to Utah Code § 78A-5-102.

5. Venue is proper in [____________________] County pursuant to Utah R. Civ. P. 13 because [the claims arose in this county / a Defendant resides in this county].

FACTUAL ALLEGATIONS

6. At all relevant times, the Provider Defendant [held a valid license to sell and serve alcoholic products at [ESTABLISHMENT NAME], [ADDRESS], [CITY], Utah / was a person 21 years or older who provided alcoholic products at a private gathering].

7. On or about [DATE], the Intoxicated Defendant was present at [the Provider Defendant's licensed premises / the Provider Defendant's residence or event].

8. The Provider Defendant, and/or its agents, servants, or employees, sold, gave, or otherwise provided an alcoholic product to the Intoxicated Defendant.

9. At the time of service/provision, the Intoxicated Defendant was apparently under the influence of an alcoholic product or drug, as evidenced by:
   - ☐ Slurred speech
   - ☐ Unsteady gait or stumbling
   - ☐ Bloodshot or glassy eyes
   - ☐ Aggressive or erratic behavior
   - ☐ Loss of motor coordination
   - ☐ Strong odor of alcohol
   - ☐ Impaired judgment
   - ☐ Other: [________________________________]

10. The Provider Defendant knew or should have known from the circumstances that the Intoxicated Defendant was apparently under the influence of an alcoholic product or drug [or was under twenty-one years of age].

11. Despite this knowledge, the Provider Defendant continued to sell, give, or provide alcoholic products to the Intoxicated Defendant.

12. On or about [DATE], at approximately [TIME], as a direct and proximate result of the Intoxicated Defendant's intoxication, the Intoxicated Defendant [describe injurious conduct].

13. Plaintiff suffered severe personal injuries and damages.

COUNT I — DRAM SHOP LIABILITY

(Utah Code § 32B-15-201)

14. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

15. Pursuant to Utah Code § 32B-15-201(1), a person who sells, gives, or otherwise provides an alcoholic product to an individual is liable for injury or death caused by that individual if the alcoholic product was provided to:
    a. A person under 21 years of age;
    b. A person who is apparently under the influence of an alcoholic product or drug; or
    c. A person whom the provider knew or should have known from the circumstances was under the influence.

16. The Provider Defendant sold, gave, or otherwise provided alcoholic products to the Intoxicated Defendant when the Intoxicated Defendant was [apparently under the influence of an alcoholic product or drug / under twenty-one years of age].

17. The Provider Defendant's provision of alcoholic products was a proximate cause of the injuries and death suffered by [Plaintiff / Plaintiff's decedent].

COUNT II — SOCIAL HOST LIABILITY

(Utah Code § 32B-15-201(2))

18. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

19. The Provider Defendant was a person 21 years of age or older who directly gave or otherwise provided an alcoholic product to the Intoxicated Defendant.

20. The Intoxicated Defendant was under twenty-one (21) years of age at the time the alcoholic product was provided.

21. The Provider Defendant knew or should have known that the Intoxicated Defendant was under twenty-one years of age.

22. Pursuant to Utah Code § 32B-15-201(2), the Provider Defendant is liable for injuries caused by the Intoxicated Defendant.

COUNT III — NEGLIGENCE

23. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

24. The Provider Defendant owed a duty of care to the Plaintiff and the public not to serve alcoholic products to persons who were apparently under the influence or under twenty-one years of age.

25. The Provider Defendant breached this duty by continuing to provide alcoholic products despite clear indications that the Intoxicated Defendant was under the influence [or underage].

26. The Provider Defendant's negligence was a proximate cause of Plaintiff's injuries and damages.

DAMAGES

27. As a direct and proximate result of Defendants' conduct, Plaintiff has suffered:

a. Past and future medical expenses in the amount of $[____________];
b. Past and future lost wages and earning capacity in the amount of $[____________];
c. Pain and suffering, both past and future;
d. Emotional distress;
e. Loss of enjoyment of life;
f. Property damage in the amount of $[____________];
g. [If applicable] Wrongful death damages pursuant to Utah Code § 78B-3-106;
h. Such other damages as may be proven at trial.

JURY DEMAND

Plaintiff hereby demands a trial by jury on all issues so triable.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests judgment against the Defendants, jointly and severally:

a. Compensatory damages in an amount to be determined at trial, subject to statutory caps;
b. Pre-judgment and post-judgment interest;
c. Costs of suit;
d. Attorney's fees as permitted by law;
e. Such other relief as the Court deems just and proper.

VERIFICATION

I, [PLAINTIFF NAME], declare under criminal penalty of the State of Utah that the foregoing is true and correct.

Dated: [__/__/____]

[________________________________]
[PLAINTIFF NAME]

SUBMITTED BY:

[________________________________]
[ATTORNEY NAME], Utah Bar No. [____________]
[FIRM NAME]
[ADDRESS]
[CITY], Utah [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Attorney for Plaintiff

STATE-SPECIFIC NOTES

Utah Dram Shop Law — Key Provisions

Statutory Authority: Utah Code § 32B-15-201 (Alcoholic Product Liability Act)

Standard: Provider liable when serving someone who is "apparently under the influence of an alcoholic product or drug" or a person under 21, or a person the provider "knew or should have known from the circumstances" was under the influence.

Damage Caps (§ 32B-15-301(2)):
- $1,000,000 per person
- $2,000,000 for all persons injured in a single occurrence

Statute of Limitations: Two years from the date of injury (Utah Code § 32B-15-301(3)).

Social Host Liability: Limited to persons 21 or older who provide alcohol to a person they know or should know is under 21 (§ 32B-15-201(2)).

Commercial Provider Liability: Applies to any person who sells, gives, or provides alcohol — broader than just licensees.

Comparative Fault: Utah follows a modified comparative fault system (50% bar) under Utah Code § 78B-5-818.

Key Case Law:
- Heslop v. Bear River Mut. Ins. Co., 2017 UT 5 — Discussed scope of § 32B-15-201.
- Utah Dept. of Transportation v. Fuller, 603 P.2d 814 (Utah 1979) — Earlier framework for alcohol liability.

This template is provided for educational and informational purposes only. It does not constitute legal advice. Laws change frequently. Always verify citations, damage caps, and consult with a licensed Utah attorney before filing.