Colorado Dram Shop Law

Drunk driving remains a prevalent cause of severe and even fatal car accidents in Colorado. Despite its illegality, thousands choose to drink and drive annually. While most victims of DUI accidents are aware they can hold the drunk driver financially accountable, it’s crucial to recognize that a third party may also bear responsibility: the dram shop that supplied the alcohol.

If you sustained injuries in a collision with a drunk driver in Colorado, contact the personal injury lawyers at Front Range Injury Attorneys today to schedule your free consultation. Our experienced legal team are knowledgeable and zealous advocates for our clients and their cases. We treat our clients as people, not case files. Learn more about how we can help you pursue compensation for your injuries and damages. Contact our Denver law firm to learn more.

Deciphering Colorado’s Dram Shop Law

A “dram shop” encompasses any establishment – be it a store, restaurant, or bar – that holds a valid license to sell alcohol. This term originated from the historical practice of selling alcohol in units called “drams.” Vendors must dispense alcohol responsibly; failing to do so could render them liable for accidents, crimes, or injuries caused by an intoxicated patron.

Colorado’s dram shop law, stipulated in Colorado Revised Statutes Section 12-47-801, outlines circumstances under which an injured victim can file a liability claim against a licensed alcohol vendor.

Scenario 1: Underage Consumption

The first scenario pertains to an intoxicated individual below 21 years of age (the legal drinking age in Colorado). Every licensed vendor is obligated to verify the age of their patrons before serving alcohol.

Scenario 2: Visible Intoxication

The second scenario arises when an individual is visibly intoxicated, yet the dram shop proceeds to serve them. If a vendor neglects these duty-of-care measures, they can be held accountable for any ensuing injuries caused by the intoxicated person.

Social Host Liability in Colorado

When a non-vendor is held accountable as a third party for injuries resulting from an intoxicated person, it falls under the category of social host liability. Unlike a dram shop, a social host in Colorado cannot be held responsible for injuries caused by an adult over the age of 21, even if they overindulged at a party. Nevertheless, a social host may face liability if an accident is caused by an intoxicated minor, provided the host knew the minor was underage.

Establishing a Dram Shop Liability Claim

In the event of an injury caused by an intoxicated individual due to a drunk driving collision or physical assault, it is imperative to engage an accident attorney for a thorough investigation. A reputable law firm can scrutinize the circumstances surrounding your injuries and ascertain whether the alcohol vendor can be held responsible for serving an underage person or overserving a patron. They will also gather pertinent evidence against the dram shop or social host, which may comprise:

• Statements from eyewitnesses or fellow patrons
• Interviews with the dram shop staff
• Photographic and video documentation of the incident
• Blood alcohol concentration levels of the individual
• Surveillance footage from within the establishment
• Police or accident reports
• Records of arrest
• Medical documentation
• Expert testimony

As the filing party, or plaintiff, in a dram shop liability claim in Colorado, the burden of proof rests upon you or your legal representation. This implies that you must establish the likelihood of dram shop liability being true, surpassing any doubts (a preponderance of evidence). Meeting this burden of proof will prompt the alcohol vendor’s insurance company to cover your medical expenses and other losses. Should the intoxicated individual’s insurance be inadequate, the dram shop may supplement your claim.

Time Constraints for Filing a Dram Shop Claim in Colorado

If you intend to hold one or more parties accountable for losses incurred due to an intoxicated individual, you must adhere to Colorado’s statute of limitations – the legal timeframe for a valid lawsuit. For a dram shop liability lawsuit, this timeframe is one year from the date of the incident. In the case of a lawsuit against the intoxicated driver in a drunk driving accident, you have three years. It is crucial to consult an attorney promptly to ensure your claim is filed within the stipulated timeframe.

FAQs: Understanding Colorado’s Dram Shop Law

Q1: What is a Dram Shop? A1: A dram shop refers to any establishment, such as a store, restaurant, or bar, that holds a valid license to sell alcohol. The term originated from the historical practice of selling alcohol in units called “drams.”

Q2: How Does Colorado’s Dram Shop Law Work? A2: Colorado’s dram shop law holds alcohol vendors accountable for certain drunk driving accidents. It outlines two scenarios where an injured victim can file a liability claim: when the intoxicated individual is under 21 years of age or visibly intoxicated but still served.

Q3: Can a Social Host be Held Liable in Colorado? A3: Yes, but with limitations. Unlike a dram shop, a social host in Colorado can’t be held responsible for injuries caused by an adult over 21. However, they may face liability if an accident is caused by an intoxicated minor and the host was aware of their age.

Q4: What Evidence is Important for a Dram Shop Liability Claim? A4: Essential evidence includes statements from witnesses, interviews with the establishment’s staff, photographs or videos of the incident, the individual’s blood alcohol concentration, surveillance footage, police or accident reports, medical records, and expert testimony.

Q5: What is the Burden of Proof in a Dram Shop Liability Claim? A5: The burden of proof lies with the plaintiff, meaning they must establish that dram shop liability is more likely to be true than not true (a preponderance of evidence).

Q6: What Are the Time Limits for Filing a Dram Shop Claim in Colorado? A6: To file a dram shop liability claim in Colorado, you must do so within one year from the date of the incident. For a drunk driving accident lawsuit against the driver, you have three years.

Q7: Can a Dram Shop Supplement a Claim if the Intoxicated Individual’s Insurance is Inadequate? A7: Yes, if the intoxicated individual’s insurance is insufficient to cover all losses, the dram shop may supplement the claim, provided they are found liable.

Q8: How Can an Attorney Assist with a Dram Shop Liability Claim? A8: An attorney can conduct a thorough investigation, gather evidence, and represent you in the legal process. They will work to establish liability and ensure you receive the compensation you deserve.

Q9: What Happens if I Miss the Statute of Limitations for Filing a Claim? A9: If you miss the statute of limitations, you may lose your right to file a dram shop liability claim. It’s crucial to consult an attorney promptly to ensure your claim is filed within the legal timeframe.

Q10: What Should I Do if I’ve Been Injured by an Intoxicated Individual? A10: If you’ve been injured by an intoxicated individual, it’s important to contact an attorney immediately. They can guide you through the legal process, investigate your case, and help you pursue a dram shop liability claim if applicable.