Denver Dram Shop Lawyer

BAR OWNER LIABILITY FOR DRUNK DRIVING ACCIDENTS

In order to establish liability against a vendor or licensee in a dram shop case, you will first need to show that the vendor served alcohol to a visibly intoxicated person or to a minor. If this preliminary act can be shown, you will then need to prove several elements to establish liability against a bar owner successfully. Those elements include:

• The vendor knowingly and willfully served alcohol to the visibly intoxicated person or minor
• The actions taken by the visibly intoxicated person or minor were either reckless or negligent
• You suffered injuries or damages which were proximately caused by the reckless or negligent actions of the visibly intoxicated person or minor

Learn More: What to Do If Injured By a Drunk Driver?

ESTABLISHING LIABILITY

When it comes to the methods of establishing liability against a licensee or social host in a dram shop case, using certain types of evidence may be helpful. Examples of evidence that may help establish liability against a licensee or social host may include surveillance footage, witness statements, and police reports. Facts which may help establish liability may include:

• The licensee continued to serve someone who was visibly intoxicated
• The licensee or social host served an underaged individual
• The licensee or social host served someone without asking for identification
• The licensee served someone after closing time

What Is The Safe Harbor Defense?

Colorado dram shop laws state that a plaintiff must prove that a vendor willfully and knowingly served or sold alcohol to someone under 21 or who was visibly intoxicated. Some vendors may try to use the “willfully and knowingly” terminology to their advantage by utilizing what is known as the “safe harbor” defense.

To use the safe harbor defense, vendors must be able to show that they took proactive measures or made “reasonable efforts” to protect against over-serving by their employees. If a vendor can show that it took these measures, the vendor can argue that it did not “willfully and knowingly” serve alcohol to a minor or to someone who was visibly intoxicated.

Examples of proactive measures may include:

• Enforcing company policies against serving minors or overserving adults
• Requiring all employees to complete some form of training
• Maintaining documentation for employees who complete training
• Instituting continuing education programs
• Disciplining employees who serve to minors or overserve adults

Vendors who take some or all of these measures may attempt to use the safe harbor defense in the event that a dram shop liability case is brought against them. Whether the defense is effective depends on the facts and circumstances of each case.

LEGAL ALCOHOL LIMITS IN COLORADO

Colorado’s “per se” blood alcohol content (BAC) is set at 0.08%. This means that a driver with a BAC of 0.08% or higher may face charges for driving under the influence (DUI). Drivers with a BAC of 0.17% or higher may face a harsher charge known as “aggravated DUI” which permits courts to impose enhanced penalties. Finally, Colorado enforces a “zero-tolerance law” for drivers under the age of 21. Under this law, any underage driver with a BAC of 0.02-0.05% could face charges for an Underage Drinking and Driving infraction.

When it comes to being inside a bar or nightclub, alcohol limits are measured by conduct and behavior rather than by BAC tests. Examples of conduct which may suggest visible intoxication may include slurred speech, bloodshot or glassy eyes, stumbling or tripping, and confusion.

MAKING A DRAM SHOP CLAIM

If you wish to pursue a dram shop claim after having been injured in an accident caused by a drunk driver or drunk individual, you will need to be aware of several aspects of a dram shop claim. Listed below are the primary components that comprise the dram shop claim filing process.

1. Call A Dram Shop or Personal Injury Lawyer

The first and most important step of making a dram shop claim is to contact a lawyer. A personal injury lawyer who handles dram shop cases may wish to meet with you or talk over the phone to discuss the facts and circumstances regarding your accident. For instance, the lawyer may be interested in when, where and how the accident occurred. The lawyer may also ask about any injuries which were sustained as a result of the accident. Based on the facts of your case, the lawyer may be able to provide valuable legal advice regarding your legal options moving forward.

Learn More: Do I Need a Lawyer for a Car Accident That’s Not My Fault?

2. Investigation

The next step in the dram shop claims filing process is the investigation phase. During this critical part of the process, your lawyer may conduct several thorough investigations into the details of your case. The purpose of these investigations is to build the strength and value of your claim. Part of the investigation process may involve your lawyer gathering important details about the accident by means such as interviewing witnesses, reviewing police records and surveillance videos, and developing a legal strategy. The investigation process may also involve accounting for each of your losses, such as medical bills, lost wages, and property damage.

3. Case Settlement and Litigation

During the investigation phase or sometime thereafter, it is possible that the licensee, social host, or their respective insurance company will attempt to settle your claim. The settlement process often consists of back-and-forth negotiations between your attorney and the insurance company. During this process, your attorney may advocate on your behalf by reiterating the value of your claim and the extent of your injuries. If the opposing party refuses to agree to a settlement amount that is fair and satisfactory to you, it may be necessary to litigate your claim in court. In this instance, your lawyer may prepare your case for trial where he or she may pursue compensation on your behalf.

Learn More: How Do I Settle My Injury Claim Out of Court?

COMPENSATION

The forms of compensation, otherwise known as “damages,” that may be available to a dram shop plaintiff, primarily include costs such as:

• Medical bills
• Lost income (present and future)
• Loss of earning capacity
• Property damage

Pain and suffering

It is important to note, however, that Colorado law limits the amount that a dram shop plaintiff may recover to $150,000.

Learn more about the types of damages in a drunk driving accident:

• Economic Damages
• Non-Economic Damages

LEGAL TIME LIMITS

Dram shop lawsuits must be filed within the applicable “statute of limitations.” A statute of limitations is essentially a time-limit in which a person must initiate a lawsuit. If a person does not bring a claim within the statute of limitations, that person is effectively barred from arguing the claim in court.

In Colorado, there is a one-year statute of limitations for dram shop liability cases. Thus, for example, if you have been injured in a car accident caused by a drunk driver on January 1, 2019, then you must file your dram shop case before January 1, 2020.

Because these situations can involve a complex interplay of dates and time frames, it may be in your best interest to consider consulting with a personal injury attorney following an accident.

GET HELP FROM A PERSONAL INJURY LAWYER TODAY

At Zinda Law Group, our dram shop attorneys may be able to assist you with your claim. We help our clients pursue the maximum compensation they may be entitled to as a victim of an intoxicated person.

Call (888) 314-6671 today for a free consultation with one of our personal injury attorneys. As one of our clients, you will not pay anything unless we can win your dram shop case.

Meetings with attorneys by appointment only.