In Colorado, the repercussions of a night out can extend far beyond the obvious, especially when it leads to a tragic accident. This is where Colorado’s Dram Shop laws come into play. These laws permit victims to hold alcohol vendors accountable under specific circumstances. What are these circumstances? Let’s find out.
What Are Dram Shop Laws?
First off, what exactly are Dram Shop Laws? Originally named after 18th-century English establishments that sold gin by the spoonful—or “dram”— dram shop laws are designed to curb the risks associated with alcohol consumption. In Colorado, these laws are particularly stringent, reflecting the state’s commitment to preventing alcohol-related accidents.
Under Colorado Revised Statutes section 12-47-801, businesses licensed to sell alcohol, such as bars, restaurants, liquor stores, and convenience stores, can be held liable for damages if they sell alcohol to someone who is either visibly intoxicated or under the legal drinking age of 21. The law targets those moments when a bartender might continue serving a patron who is clearly over their limit or fails to verify the age of a younger customer.
The Conditions for Liability
For an alcohol vendor to be held liable under Colorado’s dram shop law, two primary conditions must be met; first, the alcohol must be sold to either minor under the age of 21, or to someone who was visibly intoxicated at the time of purchase. Second, the individual who consumed the alcohol must then cause harm. Its typical for this harm to be committed as a drunk driver, but there are also instances where if they cause physical harm to someone, such as causing them to fall down and cause injuries, that the consequences of Dram Law can apply. For more information about what may, or may not apply, contact our attorneys and learn more.
Signs of Intoxication
Identifying a visibly intoxicated person involves observing certain behaviors such as:
- Bloodshot eyes and flushed skin
- Slurred speech and incoherent conversation
- Poor coordination and clumsiness
- Sudden mood swings and belligerent behavior
Pursuing a Dram Shop Claim
If you’ve been injured by someone who was overserved alcohol, pursuing a Dram Shop claim can help recover damages. Essential evidence might include:
- Eyewitness testimonies from the venue
- Receipts or credit/debit card transactions from the vendor
- Surveillance footage showing the patron being served
- Police reports and toxicology results from the accident
Compensation You Can Claim
Victims can seek compensation for various damages under a dram shop law claim, including:
- Medical expenses: Covering treatments from emergency care to long-term rehabilitation
- Lost income and decreased future earning potential due to injuries
- Pain and suffering both physically and emotionally
- Reduced quality of life if you’re unable to engage in loved activities as before
Statute of Limitations
It’s crucial to act swiftly if considering a Dram Shop claim in Colorado. The statute of limitations is notably brief — just one year from the date of the alcohol service to file a claim. Delaying action can jeopardize your ability to secure justice and compensation.
What Happens to the Vendors?
Violations of Dram Shop laws can lead to severe consequences for the vendor. Beyond civil liability for injuries caused, vendors can face being charged with a class 2 misdemeanor and a penalty of up to $750 in fines with possible jail time. Furthermore, businesses risk losing their liquor licenses and incurring additional administrative penalties if caught violating Dram Shop laws.
Why It Matters
Understanding and enforcing Dram Shop laws is vital for maintaining community safety and holding responsible parties accountable. They ensure that businesses think twice before serving another round to someone who should instead be heading home.
If you or a loved one has been affected by a drunk driving accident, it’s advisable to consult with a knowledgeable attorney who can help navigate the complexities of Dram Shop law and fight for your rights. Remember, acting swiftly can significantly impact the outcome of your case.
For more information on how to proceed with a Dram Shop claim in Colorado, don’t hesitate to contact us at Hoffman Law Firm PC. We’re here to ensure that justice is served, and you receive the compensation you deserve.