products -- Prima facie evidence. (1) (a) Except as provided in Subsections 32B-15-202(2) and (3), a person described in Subsection (1)(b) is liable for: (i) any and all injury and damage, except punitive damages to: (A) a third person; or (B) the heir, as defined in Section 78B-3-105, of the third person; or (ii) the death of a third person. (b) A person is liable under Subsection (1)(a) if: (i) the person directly gives, sells, or otherwise provides an alcoholic product: (A) to a person described in Subsection (1)(b)(ii); and (B) as part of the commercial sale, storage, service, manufacture, distribution, or consumption of an alcoholic product; (ii) those actions cause the intoxication of: (A) an individual under 21 years old; (B) an individual who is apparently under the influence of an alcoholic product or drug; (C) an individual whom the person furnishing the alcoholic product knew or should have known from the circumstances was under the influence of an alcoholic product or drug; or (D) an individual who is a known interdicted person; and (iii) the injury or death described in Subsection (1)(a) results from the intoxication of the individual who is provided the alcoholic product. (c) It is prima facie evidence that a person is liable under Subsection (1)(a) for an injury or death that results from the intoxication of an individual described in Subsection (1)(b)(ii)(B) or (C) if: (i) the person directly gives, sells, or otherwise provides the individual the last alcoholic product the individual consumes before the injury or death described in Subsection (1)(b)(iii); (ii) the individual consumes the alcoholic product at the location where the person directly gives, sells, or otherwise provides the individual the alcoholic product; (iii) the injury or death occurs within 30 minutes after the time at which the individual leaves, and within a 10 mile radius of, the location where the person gives, sells, or otherwise provides the individual the alcoholic product; and (iv) (A) the individual is charged with an offense described in Subsection 41-6a-501(2)(a); or (B) if the individual dies as a result of the event that caused the injury or death, a subsequent chemical test shows that the individual had a blood alcohol concentration of .05 grams or greater at the time of the test. (2) (a) A person 21 years old or older who is described in Subsection (2)(b) is liable for: (i) any and all injury and damage, except punitive damages to: (A) a third person; or (B) the heir, as defined in Section 78B-3-105, of the third person; or (ii) the death of the third person. (b) A person is liable under Subsection (2)(a) if: (i) the person directly gives or otherwise provides an alcoholic product to an individual who the person knows or should have known is under 21 years old; (ii) those actions caused the intoxication of the individual provided the alcoholic product; (iii) the injury or death described in Subsection (2)(a) results from the intoxication of the individual who is provided the alcoholic product; and (iv) the person is not liable under Subsection (1), because the person did not directly give or provide the alcoholic product as part of the commercial sale, storage, service, manufacture, distribution, or consumption of an alcoholic product. (3) 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.
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