In Colorado, a fun night out can turn into a tragedy if someone decides to drive drunk. While the main blame goesto the impaired driver, there’s an important question: Canbars and places that served the alcohol also be held responsible? This is where “dram shop laws” come in, which can hold bars and alcohol sellers liable under certain conditions.
What Are Dram Shop Laws and Why Do They Matter?
Dram shop laws exist in 43 states, including Colorado. These laws allow people who are hurt in accidents caused by drunk drivers to seek compensation from the places thatserved them alcohol. The idea is twofold: first, businesses make money from selling alcohol, and second, they should be responsible by training staff and setting rules to prevent over-serving.
Colorado’s Strict Standards for Dram Shop Liability
Colorado’s dram shop law sets high standards for proving liability. It’s not enough to prove that a bar served someone who later drove drunk. To hold the bar accountable, you must show that the bar knowingly and willfully served alcohol to someone who was visibly intoxicated or underage.
This high standard protects responsible businesses while holding negligent ones accountable. The law also includes “constructive knowledge,” meaning if a bartendershould have known that someone was clearly drunk but didn’t take action, the bar can still be held liable.
Different Rules for Social Hosts
Colorado’s dram shop law makes a clear difference between businesses and private individuals hosting parties. While bars can be held responsible for serving visibly intoxicated guests, private hosts are generally not liable for serving alcohol to adults over 21. However, if a social host knowingly serves alcohol to minors who then cause an accident, they can face legal consequences.
Consequences of Breaking the Law
Breaking Colorado’s dram shop laws can lead to both civil and criminal penalties. Bartenders and servers who knowingly serve alcohol to minors or clearly drunk individuals can face fines or even jail time. Civil lawsuits can result in compensation for medical bills, lost wages, and more, though Colorado limits these awards to $150,000.
Act Quickly: A Short Time to File
If you’re thinking about filing a dram shop lawsuit in Colorado, keep in mind that you have only one year from the date of the incident to file a claim. This is much shorter than the usual three-year limit for other personal injury claims, so it’s important to act fast.
Proving Dram Shop Liability
Proving a dram shop case can be complex and often requires expert help. Evidence like witness statements, security footage, and the establishment’s training policies can all play a crucial role. A skilled personal injury attorney will gather the necessary evidence and work with experts to build a strong case.
Sharing the Blame: Comparative Negligence
Colorado follows a comparative negligence rule, meaning responsibility for an accident can be shared between multiple parties. In dram shop cases, this might mean that both the impaired driver and the establishment share liability, with compensation divided based on their levels of fault.
Preventing Liability: Responsible Service
While dram shop laws provide a way to hold businesses accountable, the best way to prevent liability is through responsible service. Establishments can reduce the risk of being held liable by training staff to spot signs of intoxication, enforcing strict service policies, and promoting responsible drinking.
Insurance and Liability Coverage
Dram shop liability can be a financial risk for businesses, so having comprehensive insurance coverage is essential. Many insurance policies include liquor liability coverage, but it’s important for businesses to review their policies and ensure they cover potential risks adequately.
Seeking Legal Help
If you’ve been injured in an accident involving a drunk driver who was over-served at a bar or restaurant, it’s important to consult a personal injury attorney with experience in dram shop cases. An attorney can help you understand your rights, gather evidence, and advocate on your behalf to secure fair compensation.
Conclusion: Shared Responsibility and Safer Communities
Colorado’s dram shop laws aim to balance personal responsibility with the accountability of alcohol-serving establishments. By encouraging responsible service and providing a way for victims to seek justice, these laws help make communities safer.
Contact the Ronquillo Law Firm for a Free Consultation
If you or a loved one has been involved in an accident caused by an over-served driver, the Ronquillo Law Firm is here to help. Our experienced attorneys specialize in dram shop cases and can provide the guidance and support you need to navigate the legal process. Contact the Ronquillo Law Firm today for a free consultation and take the first step toward justice and recovery.
FAQs
Dram shop laws hold alcohol-serving establishments accountable if they serve someone who is visibly intoxicated or underage, and that person causes harm.
Colorado’s laws require proof that a bar or restaurant knowingly served someone who was visibly drunk or underage. Simply serving someone who later drives drunk is not enough.
In Colorado, private hosts are usually not liable for serving alcohol to adults over 21. However, they can be held liable if they serve alcohol to minors who then cause an accident.
Violations can lead to both criminal charges and civil lawsuits. Businesses may be fined or sued for damages, but Colorado limits liability awards to $150,000.
Contact an experienced personal injury attorney to discuss your case. Acting quickly is important, as dram shop lawsuits must be filed within one year of the incident.
