Can You Sue a Bartender For a DUI Accident in Colorado?

Jul 13, 2020

Sometimes, It’s Not Just The Driver Who Is Responsible For a DUI Accident

As Colorado Springs car accident attorneys, we often get asked whether you can sue a bartender who overserved a driver who then injured or killed someone in a DUI accident. It’s an understandable question, especially when asked by someone whose life has dramatically changed – who suffers catastrophic injuries or loses a loved one – because of the irresponsible actions of a drunk driver.

But while that drunk driver is unquestionably to blame for the shattered lives they leave in their wake, other people may also bear some degree of responsibility for the events that contributed to the accident. This includes bartenders who breach their legal duties in Colorado by serving alcohol to minors or visibly intoxicated adults. Private individuals who allow those under 21 to consume alcohol on their property or under their watch can also be liable if one of those minors causes a DUI accident.

Why Would You Ask “Can You Sue a Bartender?”

As tends to be the case in most car accident personal injury lawsuits in Colorado, the injured victim in a DUI accident focuses on the other driver when seeking compensation for their losses. After all, they made the choice to drive while intoxicated, and they are the person who was behind the wheel of the vehicle which caused so much trauma and loss.

But the problem arises when someone irresponsible enough to drive while drunk is likely to be equally irresponsible in other aspects of their life. This can include failing to have auto insurance as required by Colorado law.

If the intoxicated driver who killed or injured someone was uninsured, they probably won’t have the assets to pay for your losses. Even if they did carry liability insurance, the policy limits might be too low to pay for the extensive damages that arose from the accident. In such cases, an injured plaintiff will need to look elsewhere for compensation. This includes pursuing the people whose own irresponsibility and negligence contributed to the drunk driver’s reckless actions.

Colorado’s Dram Shop Law Answers The Question “Can You Sue a Bartender?”

Like almost all states, Colorado has on the books a statute known as a “dram shop” law. States enacted these laws to deter bartenders or others who sell and serve liquor from increasing the risk that intoxicated patrons may hurt themselves or others.

Colorado’s dram shop law, CO Rev Stat § 12-47-801, provides that licensed alcoholic beverage vendors, such as bars and restaurants, can be liable for injuries and property damage caused by a customer who consumed alcohol they sold under certain circumstances. Specifically, an injured plaintiff can hold such establishments responsible for their losses if they can prove “that the licensee willfully and knowingly sold or served any alcohol beverage to such person who was under the age of twenty-one years or who was visibly intoxicated.”

The law imposes two important limits on claims against dram shop defendants. First, a plaintiff must bring their action within one year after the sale or service at issue. This is a shorter period than the two-year limitations period that applies to Colorado personal injury lawsuits generally. Second, the statute provides that the maximum amount of damages that a plaintiff can recover against a dram shop defendant is $150,000, adjusted for inflation. For all claims that accrue after January 1, 2020, the dram shop damage cap stands at $368,260.

Can you sue a bartender?

Proving Dram Shop Liability

Proving dram shop liability can be challenging. While it’s a simple question to determine whether liquor was served to a minor, establishing that the bartender “knowingly” did proves far more challenging. Similarly, proving that a patron was “visibly intoxicated” such that the bartender should not have served them is equally tricky. An attorney seeking to hold an establishment or individual responsible in such cases must aggressively pursue all evidence and witnesses who can testify to the customer’s condition before, during, and after the culpable party served them.

In addition to showing that the establishment or its employees violated the law, a dram shop plaintiff must also show that the violation caused or contributed to the injuries suffered by a third-person.

Social Host Liability

Under Colorado’s dram shop act, drunk driving victims can hold “social hosts,” such as individuals who throw a party at their home, liable for their injuries and losses if they knowingly serve alcohol to minors or knowingly provide a place for minors to consume alcohol. The same time and damage limits that apply to suits against bartenders and other licensees also apply to claims against social hosts.

Can You Sue a Bartender For Your DUI Accident Injuries? Speak With a Colorado Springs Car Accident Attorney Today To Find Out

Drunk driving results in tens of thousands of senseless deaths and injuries each year. If you were a victim of such irresponsible behavior or you lost a loved one in a DUI accident, an experienced Colorado Springs car accident attorney can help you obtain the compensation you need and the justice you deserve. Contact us today to arrange for your free initial case evaluation.