Dram Shop / Bartender Liability
In the event that you or a loved one is injured as a result of a drunk driver, you may be able to seek compensation from several parties. Bartenders and others who serve alcohol hold a level of responsibility when serving alcohol, and when they violate this duty, they can be held liable through a civil suit. However, very specific guidelines define the limits of a bartender’s liability in these situations, so it can be confusing to determine if you should seek compensation from a dram shop or bar for your injuries.
An experienced auto accident attorney in Denver can help examine the details of your situation and advise you on whether to pursue a claim. If you are eligible for compensation, you will need a Colorado lawyer to guide you through the overwhelming process ahead of you.
Keep in mind that Colorado law provides for a one (1) year statute of limitations for Dram Shop lawsuits under Section 12-47-801 runs from the date of sale or service.
Denver Dram Shop Liability Attorney
Have you sustained serious injuries or was your loved one killed by a drunk driver in Colorado? The Law Office of Jennifer L. Donaldson can investigate to determine whether a bar or other establishment served the person while he or she was already intoxicated.
Jennifer Donaldson is an experienced Denver personal injury lawyer who represents clients all over Jefferson County, Boulder County, Arapahoe County, Denver County, and Adams County. She can evaluate your case when you call (303) 458-5000 to schedule a free, no-obligation consultation.
When are Bartenders Liable Under Colorado Law?
A dram shop, bar, or bartender are generally not liable for the actions taken by those under the influence of alcohol served by them. Under certain conditions, however, they can be held responsible. Colo. Rev. Stat. §12-47-801 outlines the guidelines for a claim as follows:
- If the person knowingly served alcohol to a person under 21 years of age or “visibly intoxicated.” This means that if a bartender serves a drink to a person with slurred speech who can barely stand up, they can be held responsible for this negligence. This can actually also apply to parents who supply alcohol to minors. If an underage person is given alcohol at a party, drives home and injures someone in an accident on the way, the adults who supplied the alcohol may be liable for damages caused.
- Any civil action must be brought against the negligent party within one year of the incident in question.
- This action cannot be taken on behalf of the person who was drunk, only the person who was injured.
- A claim against a dram shop or individual cannot exceed $150,000.
It is important to prove the liability of the bar or bartender in question, which makes it imperative to have an attorney on your side who is willing to fight on your behalf. You must establish that the bartender knowingly neglected his or her duty to deny alcohol to an inappropriate patron in order for them to be held responsible for the damages that resulted from that decision.
Seeking an Attorney for Bartender Liability in Boulder County
If you suffered severe injuries or your loved one was killed by a drunk driver in Colorado, you will want to know whether another party bears responsibility for overserving the intoxicated motorist. The Law Office of Jennifer L. Donaldson fights for the victims of drunk driving accidents in Arvada, Littleton, Westminster, Longmont, Lakewood, Centennial, Thornton, Boulder, and Aurora.
Act quickly because the statute of limitations for Dram Shop is one year from date of sale or service as provided in Section 12-47-801.
Jennifer L. Donaldson, a Denver personal injury lawyer, has 30 years of civil litigation experience. Call (303) 458-5000 or submit an online form right now to set up a free consultation that will let her review your case.