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SALT LAKE CITY — State lawmakers are looking to shift liability for the bad actions of drinkers away from bars and restaurants that serve alcohol within the law.
If a person drinks at a couple of establishments, then drinks more at home and does something stupid, the lawyers go after everyone involved, said Rep. Norm Thurston, R-Provo
“They just sue everybody,” he told the Business and Labor Interim Committee on Wednesday. “Are we punishing people who followed the rules to the benefit of people who didn’t follow the rules?"
Thurston is working on legislation that would place more of the burden on the drinker rather than the bar or restaurant.
Under Utah law, juries award damages based on how they believe each party contributed to the actions of someone who has had too much to drink. Thurston said if establishments are following the rules, they shouldn’t be subject to a lawsuit.
Rep. Tim Hawkes, R-Centerville, said he has a hard time with legislation shifting the liability.
“Isn’t this exactly what juries are for?” he asked.
Juries are in the position to assess blame after hearing the facts in a lawsuit, he said.
In Nevada, those who sell alcohol have blanket immunity from being sued and all the liability rests with the drinker, Wilson said, adding Utah is on the other end of the spectrum.
Melva Sine, Utah Restaurant Association executive director, told the committee that it’s sometimes difficult for servers to know when someone has drank to much or consumed alcohol or taken drugs before going into a bar or restaurant. She said she favors legislation that says alcohol establishments aren’t responsible for a customer’s bad behavior.
Correction: Quotes in an earlier version were mistakenly attributed to House Majority Leader Brad Wilson, R-Kaysville. They should be attributed to Rep. Norm Thurston, R-Provo.
