32B-15-301 (Effective 07/01/11) - Cause of action -- Statute of limitations. - Utah Statutes

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Statutes > Utah > Future-title-32b > Chapter-15 > 32b-15-301-effective-07-01-11

32B-15-301 (Effective 07/01/11). Cause of action -- Statute of limitations.
(1) (a) A person who suffers an injury under Subsection 32B-15-201 has a cause ofaction against the person who provided the alcoholic product in violation of Section 32B-15-201.
(b) If a person having rights or liabilities under this chapter dies, the rights or liabilitiesprovided by this chapter survive to or against that person's estate.
(2) The total amount that may be awarded to any person pursuant to a cause of action forinjury and damage under this chapter that arises after January 1, 2010, is limited to $1,000,000and the aggregate amount which may be awarded to all persons injured as a result of oneoccurrence is limited to $2,000,000.
(3) An action based upon a cause of action under this chapter shall be commenced withintwo years after the date of the injury and damage.
(4) (a) Nothing in this chapter precludes any cause of action or additional recoveryagainst the person causing the injury.
(b) A cause of action or additional recovery against the person causing the injury anddamage, which action is not brought under this chapter, is exempt from the damage cap inSubsection (2).
(c) A cause of action brought under this chapter is exempt from Sections 78B-5-817through 78B-5-823.
(5) This section does not apply to a business licensed in accordance with Chapter 7,Off-premise Beer Retailer Act, to sell beer at retail only for off-premise consumption.

Enacted by Chapter 276, 2010 General Session

State Codes and Statutes

Statutes > Utah > Future-title-32b > Chapter-15 > 32b-15-301-effective-07-01-11

32B-15-301 (Effective 07/01/11). Cause of action -- Statute of limitations.
(1) (a) A person who suffers an injury under Subsection 32B-15-201 has a cause ofaction against the person who provided the alcoholic product in violation of Section 32B-15-201.
(b) If a person having rights or liabilities under this chapter dies, the rights or liabilitiesprovided by this chapter survive to or against that person's estate.
(2) The total amount that may be awarded to any person pursuant to a cause of action forinjury and damage under this chapter that arises after January 1, 2010, is limited to $1,000,000and the aggregate amount which may be awarded to all persons injured as a result of oneoccurrence is limited to $2,000,000.
(3) An action based upon a cause of action under this chapter shall be commenced withintwo years after the date of the injury and damage.
(4) (a) Nothing in this chapter precludes any cause of action or additional recoveryagainst the person causing the injury.
(b) A cause of action or additional recovery against the person causing the injury anddamage, which action is not brought under this chapter, is exempt from the damage cap inSubsection (2).
(c) A cause of action brought under this chapter is exempt from Sections 78B-5-817through 78B-5-823.
(5) This section does not apply to a business licensed in accordance with Chapter 7,Off-premise Beer Retailer Act, to sell beer at retail only for off-premise consumption.

Enacted by Chapter 276, 2010 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Future-title-32b > Chapter-15 > 32b-15-301-effective-07-01-11

32B-15-301 (Effective 07/01/11). Cause of action -- Statute of limitations.
(1) (a) A person who suffers an injury under Subsection 32B-15-201 has a cause ofaction against the person who provided the alcoholic product in violation of Section 32B-15-201.
(b) If a person having rights or liabilities under this chapter dies, the rights or liabilitiesprovided by this chapter survive to or against that person's estate.
(2) The total amount that may be awarded to any person pursuant to a cause of action forinjury and damage under this chapter that arises after January 1, 2010, is limited to $1,000,000and the aggregate amount which may be awarded to all persons injured as a result of oneoccurrence is limited to $2,000,000.
(3) An action based upon a cause of action under this chapter shall be commenced withintwo years after the date of the injury and damage.
(4) (a) Nothing in this chapter precludes any cause of action or additional recoveryagainst the person causing the injury.
(b) A cause of action or additional recovery against the person causing the injury anddamage, which action is not brought under this chapter, is exempt from the damage cap inSubsection (2).
(c) A cause of action brought under this chapter is exempt from Sections 78B-5-817through 78B-5-823.
(5) This section does not apply to a business licensed in accordance with Chapter 7,Off-premise Beer Retailer Act, to sell beer at retail only for off-premise consumption.

Enacted by Chapter 276, 2010 General Session