Wyo. Stat. » Wyo. Stat. / Title 12 - Alcoholic Beverages / Chapter 8 - PENALTIES / Article 3 - DAMAGES
Wyoming Statutes

Wyo. Stat. § 12-8-301 (2026)

Limitation of liability.

✓ current as of May 2026
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(a) No person who has legally provided alcoholic liquor or
malt beverage to any other person is liable for damages caused
by the intoxication of the other person.

     (b) This section does not affect the liability of the
intoxicated person for damages.

     (c) This section does not affect the liability of the
licensee or person if the alcoholic liquor or malt beverage was
sold or provided in violation of title 12 of the Wyoming
statutes.

     (d) For purposes of this section "licensee" is as defined
in W.S. 12-1-101(a)(viii) and includes the licensee's employee
or employees.
Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1985–2026 · leading case: Greenwalt v. Ram Restaurant Corp. of Wyoming, 2003 WY 77 (Wyo. 2003).
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Greenwalt v. Ram Restaurant Corp. of Wyoming, 2003 WY 77 (Wyo. 2003). · cites it 56× “The statute at issue, Wyo. Stat. Ann. § 12-8-301 (LexisNexis 2001), provides that no person who has legally provided alcoholic liquor or malt beverage to any other person is liable for damages caused by the intoxication of the other person.”
Baessler v. Freier, 2011 WY 125 (Wyo. 2011). · cites it 58× “Does the word "legally" in Wyo. Stat. Ann. § 12-8-301 (a) (LexisNexis 2011) encompass legal enactments beyond Title 12 of the Wyoming Statutes such as the municipal ordinances at issue in this case? 2.”
Killian v. Caza Drilling, Inc., 2006 WY 42 (Wyo. 2006). · cites it 4× “Does Wyoming Statute Annotated § 12-8-301 immunize Orvil Long from liability for damages resulting from the accident that caused Jeffrey Christopher Pool's death? 2.”
Daley v. Wenzel, 2001 WY 80 (Wyo. 2001). · cites it 4× “s 1-390-118(a) anp Wyo. Stat. Ann. § 12-8-301 (a) [119] This Court has emphasized repeatedly that "[it] strongly adhere[s] to the rule forbidding [it] to 'consider for the first time on appeal issues that were neither raised in, nor argued to, the trial court," except for those…”
Adkins v. Sky Blue, Inc., 701 P.2d 549 (Wyo. 1985). · cites it 4× “136, effective May 23, 1985, provides: "AN ACT to create W.S. 12-8-301 relating to alcoholic beverages; limiting liability in some cases of selling or providing alcoholic liquor or malt beverages; providing for exceptions; and providing for an effective date.”
Daniels v. Carpenter, 2003 WY 11 (Wyo. 2003). · cites it 6× “" Wyo. Stat. Ann. § 12-8-301 (LexisNexis 2001).”
Huff v. Shumate, 360 F. Supp. 2d 1197 (D. Wyo. 2004). · cites it 2× “In addition to the Dram Shop statute, Wyo. Stat. Ann. § 12-8-301 (LexisNexis 2003), discussed at length in Greenwalt , the legislature has enacted the Wyoming Recreation Safety Act, Wyo.”
Charles Bunning v. Ernest Romero, 2026 WY 40 (Wyo. 2026). “[¶26] As the court correctly reasons in Huff, the Wyoming Legislature knows how to limit or preclude the reach and application of § 1-1-109, having expressly done so at least three times: the Dram Shop Act (§ 12-8-301(a)), the Wyoming Recreational Safety Act (§ 1-1- 123(a)–(c)),…”
— Wyo. Stat. § 12-8-301(a) — 4 cases
Baessler v. Freier, 2011 WY 125 (Wyo. 2011). “Does the word "legally" in Wyo. Stat. Ann. § 12-8-301 (a) (LexisNexis 2011) encompass legal enactments beyond Title 12 of the Wyoming Statutes such as the municipal ordinances at issue in this case? 2.”
Daley v. Wenzel, 2001 WY 80 (Wyo. 2001). “s 1-390-118(a) anp Wyo. Stat. Ann. § 12-8-301 (a) [119] This Court has emphasized repeatedly that "[it] strongly adhere[s] to the rule forbidding [it] to 'consider for the first time on appeal issues that were neither raised in, nor argued to, the trial court," except for those…”
Greenwalt v. Ram Restaurant Corp. of Wyoming, 2003 WY 77 (Wyo. 2003). “The statute at issue, Wyo. Stat. Ann. § 12-8-301 (LexisNexis 2001), provides that no person who has legally provided alcoholic liquor or malt beverage to any other person is liable for damages caused by the intoxication of the other person.”
Charles Bunning v. Ernest Romero, 2026 WY 40 (Wyo. 2026). “[¶26] As the court correctly reasons in Huff, the Wyoming Legislature knows how to limit or preclude the reach and application of § 1-1-109, having expressly done so at least three times: the Dram Shop Act (§ 12-8-301(a)), the Wyoming Recreational Safety Act (§ 1-1- 123(a)–(c)),…”
— Wyo. Stat. § 12-8-301(b) — 1 case
Greenwalt v. Ram Restaurant Corp. of Wyoming, 2003 WY 77 (Wyo. 2003). “The statute at issue, Wyo. Stat. Ann. § 12-8-301 (LexisNexis 2001), provides that no person who has legally provided alcoholic liquor or malt beverage to any other person is liable for damages caused by the intoxication of the other person.”
— Wyo. Stat. § 12-8-301(c) — 2 cases
Greenwalt v. Ram Restaurant Corp. of Wyoming, 2003 WY 77 (Wyo. 2003). “The statute at issue, Wyo. Stat. Ann. § 12-8-301 (LexisNexis 2001), provides that no person who has legally provided alcoholic liquor or malt beverage to any other person is liable for damages caused by the intoxication of the other person.”
Baessler v. Freier, 2011 WY 125 (Wyo. 2011). “Does the word "legally" in Wyo. Stat. Ann. § 12-8-301 (a) (LexisNexis 2011) encompass legal enactments beyond Title 12 of the Wyoming Statutes such as the municipal ordinances at issue in this case? 2.”
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