(1) The purpose of this section is to set statutory criteria governing the civil liability of a person or entity that furnishes an alcoholic beverage for injury or damage arising from an event involving the person who consumed the beverage.

(10) In any civil action brought pursuant to this section, the total liability for noneconomic damages for all claimants may not exceed $250,000 for each event.

(11) In any civil action brought pursuant to this section, the total liability for punitive damages may not exceed $250,000. Service to a visibly intoxicated consumer is not enough to assess punitive damages against the person or entity furnishing the alcoholic beverage to the consumer. Conduct must be shown that meets the criteria in 27-1-221.

(12) Evidence of intentional or criminal activity by a person causing injury in connection with any event or injury commenced pursuant to this part is admissible in any action brought pursuant to this section.

(2) Except as provided in 16-6-305, this section, a person or entity furnishing an that furnishes alcoholic beverage beverages may not be found civilly liable for injury under any other statute, theory of recovery, or damage common law claim for injury arising or damages arising from an event involving the consumer wholly person who was served or partially on who consumed the basis of a provision or a violation of a provision of

(3) Furnishing a A person with an or entity furnishing an alcoholic beverage is may not a cause of, be found civilly or liable grounds for finding the injury furnishing person or entity liable for, injury or damage damage wholly arising or from partly arising from an event involving the person who consumed consumer wholly or partially on

(a) the consumer was under the legal drinking age and the furnishing person knew that the consumer was underage or did not make a reasonable attempt to determine the consumer's age;

(b) the consumer was visibly intoxicated; or

(c) the furnishing person forced or coerced the consumption or told the consumer that the beverage contained no alcohol.

(4) A jury or trier of fact may consider the consumption of Furnishing a person with an alcoholic beverage in addition to is not a cause of, the or sale, service, grounds for finding or the provision of the alcoholic beverage in determining the cause of injuries furnishing person or damages inflicted upon another by the consumer. entity liable for, injury or damage wholly or partly arising from an

(a) the consumer was under the legal drinking age and the furnishing person knew that the consumer was underage or did not make a reasonable attempt to determine the consumer's age;

(b) the consumer was visibly intoxicated when furnished the alcoholic beverage; or

(c) the furnishing person forced or coerced the consumption or told the consumer that the beverage contained no alcohol.

(5) A civil action may not be brought pursuant to subsection (3) by In determining the consumer cause of injuries or damages inflicted on another by the consumer's estate, legal guardian, or dependent unless: consumer of an alcoholic beverage, in addition to other admissible evidence, a jury or trier of fact shall consider:

(a) the consumer was under consumption of the legal age and the furnishing person knew or should have known that the consumer was alcoholic beverage; under age; or

(b) the furnishing person forced or coerced actions of the consumption or told the consumer that the beverage contained no alcohol while knowing that it consumer; did contain alcohol.

(c) the negligence of the person allegedly harmed by the consumer;

(d) the visible and audible intoxication indicators actually observed by the person furnishing the alcoholic beverage to the consumer, including but not limited to bloodshot eyes, loud and boisterous behavior, fighting behavior, stumbling, and slurred speech; and

(e) independent intervening cause or multiple causes.

(6) A civil action may not be commenced under this section against Because a furnishing person who furnished alcohol unless the person bringing the civil action provides notice or entity can perceive only visual or audible indicators of an intent to file the action to the person who furnished the alcohol by certified intoxication, when determining liability under subsection (4)(b), a jury mail within 180 days from the date of or sale or service. The civil action must be commenced pursuant to this section within 2 trier of fact may not consider: years after the sale or service.

(a) a hypothetical blood alcohol level in any way to impute that the server observed visibly intoxicated behavior of the consumer prior to service;

(b) an actual blood alcohol level in any way to impute that the server observed visibly intoxicated behavior of the consumer prior to service;

(c) the signs of visible intoxication displayed by the consumer after the furnishing of the alcoholic beverage;

(d) the conduct of the furnishing person or entity after the furnishing of the alcoholic beverage; or

(e) whether the furnishing person or entity holds special events, alcohol specials, happy hours, or similar events or activities.

(7) In any A civil action may not be brought pursuant to this section, the total liability for noneconomic damages may not exceed $250,000. subsection (4) by:

(a) a passenger over 18 years of age in the consumer's car or by the passenger's estate, legal guardian, or dependent; or

(b) the consumer or by the consumer's estate, legal guardian, or dependent unless:

(i) the consumer was under the legal age and the furnishing person knew or should have known that the consumer was underage; or

(ii) the furnishing person forced or coerced the consumption or told the consumer that the beverage contained no alcohol while knowing that it did contain alcohol.

(8) In any A civil action brought pursuant to this may section, the total liability for punitive damages may not exceed $250,000. be commenced under this section against a person or entity who furnished alcohol to the consumer unless the person bringing the civil action provides notice of an intent to file the action to the person or entity who furnished the alcohol by certified mail within 180 days from the date of sale or service. The civil action must be commenced pursuant to this section within 2 years after the sale or service.

(9) Evidence of intentional or criminal activity by a person causing injury in connection with any Notice made event or injury commenced pursuant to this part is admissible in any action brought pursuant to this section. subsection (8) must include the date, time, and circumstances of the event involving the consumer along with the alleged visual or audible indicators of visible intoxication observed by the furnishing party prior to service to the consumer. The person providing the notice must have a reasonable basis in law and fact that an exception described in subsections (4)(a) through (4)(c) has occurred before sending the notice.

Civil liability for injuries involving alcohol consumption