32B-15-302. Action for contribution by provider of an alcoholic product.
- (1)
- (a) Except as provided in Subsections (2) and (3), a person, as defined under Section 32B-15-201 or Subsection 32B-15-202(1), against whom an award is made under this chapter, may bring a separate cause of action for contribution against any person causing the injury and damage.
- (b) The maximum amount for which a person causing the injury and damage may be liable to a person seeking contribution is that percentage or proportion of the damages equivalent to the percentage or proportion of fault attributed to that person causing the injury and damage.
- (2) This action for contribution under this section may not be brought against:
- (a) a person entitled to recovery as described in Subsection 32B-15-201(1)(a)(i) or (ii); or
- (b) a person entitled to recover as described in Subsection 32B-15-201(2)(a)(i) or (ii).
- (3) An action for contribution under this section may not diminish the amount of recovery for injury or damages awarded and received to a person entitled to recover as described in Subsection 32B-15-201(1)(a)(i) or (ii) or 32B-15-201(2)(a)(i) or (ii):
- (a) in a cause of action brought under this chapter; or
- (b) in a separate cause of action for injury and damage that is not brought under this chapter.
Enacted by Chapter 276, 2010 General Session