Colorado’s criminal justice system has tough laws and penalties for drunk drivers, but the law focuses on punishing the wrongdoer and deterring further wrongdoing rather than compensating the injured victim or their family. Colorado’s civil courts provide legal means for injury victims or the families of those deceased due to the actions of a drunk driver to recover compensation for damages like medical expenses, lost wages, and pain and suffering.
In addition to filing a compensation claim through the auto insurance policy of a drunk driver, Colorado’s dram shop laws allow further means of recompense for some injury victims or loved ones left behind under certain provable circumstances. Contact our Westminster drunk driving accident attorneys at Ciancio Ciancio Brown, P.C. for legal assistance today.
What Is a Dram Shop Law?
Most states have dram shop laws, including Colorado. A dram shop law holds the owners of establishments like bars and pubs accountable for the actions of those who were overserved alcohol or for serving alcohol to a minor who caused injury to others.
Homeowners who do the same at a party in their home may also be subject to liability under the premise of social host liability within Colorado’s dram shop law. Colorado § 44-3-801 states the following:
“No licensee is civilly liable to any injured individual or his or her estate for any injury to the individual or damage to any property suffered because of the intoxication of any person due to the sale or service of any alcohol beverage to the person, except when:
- It is proven that the licensee willfully and knowingly sold or served any alcoholic beverage to the person who was under the age of twenty-one years or who was visibly intoxicated; and
- The civil action is commenced within one year after the sale or service.
To file a lawsuit under the Dram Shop law, an injury victim or their family members must show evidence that the defendant was a minor at the time they were served or were visibly intoxicated and continued to be served alcohol.
Evidence in Colorado Dram Shop Lawsuits
In most cases, the owners and managers of drinking establishments cannot be held liable for the actions taken by a patron who was served alcohol. The law considers the legal fault to rest with the person who consumed the alcohol, not the one who provided it; however, the Dram Shop Law in Colorado provides an exception specifically for minors served alcohol or a person who was already visibly intoxicated and continued to be served. Proving this in a Dram Shop lawsuit requires presenting evidence such as:
- Receipts for purchased beverages
- Credit card statements
- Photos and videos
- Eyewitness testimony
- Testimony from staff members at the drinking establishment
- Police reports/accident reports
- Medical reports
The Dram Shop Law in Colorado does not apply to liquor stores or stores that sell bottled drinks to customers who do not consume the beverage on the property. When making a claim against a drinking establishment, the injury victim or the loved one of a deceased victim has the burden of proving a Dram Shop Law violation through a preponderance of the evidence. Contact our experienced injury lawyers for legal advice on your unique case today.