When Can You Sue a Bar or Restaurant for Over-Serving a Drunk Driver?

In Colorado, you can sue a bar, restaurant, or liquor store for over-serving a drunk driver if they provided alcohol to someone who was visibly intoxicated or under the age of 21, and that person then caused an accident that injured you. This area of law holds establishments accountable for their role in contributing to a preventable tragedy. When a night out in Boulder ends in a collision because a business put profits over safety, the liability can extend beyond just the driver.

Key Takeaways for Suing a Bar or Restaurant for Over-Serving a Drunk Driver

• Colorado law allows victims of drunk driving accidents to file a lawsuit against an alcohol vendor in specific situations.
• A vendor can be held liable if they served alcohol to a person who was “visibly intoxicated” or under the age of 21.
• Proving a case requires evidence that the vendor knew or should have known the person was intoxicated or underage.
• There is a strict one-year time limit to file this type of lawsuit in Colorado.
• Compensation in these cases may be subject to a legal cap that is adjusted for inflation.

What Does “Visibly Intoxicated” Mean?

The key to many dram shop cases is proving the driver was “visibly intoxicated” when they were last served. This isn’t about a blood alcohol test result, which a server wouldn’t know. Instead, it’s about what an observant and reasonable person could see with their own eyes. Some common signs of visible intoxication include:

• Slurred or incoherent speech
• Difficulty walking, stumbling, or swaying
• Spilling drinks or fumbling with their wallet
• Loud, obnoxious, or aggressive behavior
• Struggling to keep their eyes open or focused

Proving this after an accident can be challenging, but it is possible. It often involves gathering evidence like testimony from other people who were at the establishment, security camera footage, and receipts that show how many drinks the person purchased over a short period.

How Do You Prove a Bar or Restaurant Was at Fault?

Building a successful liquor liability claim requires careful and prompt investigation. Evidence can disappear quickly, so acting fast is often crucial. A legal team can help uncover the facts needed to show that a bar or restaurant acted irresponsibly. To hold an establishment accountable, you generally need to establish a few key points:

• The establishment sold or served alcohol to the person who caused your injury.
• The person was either under 21 or visibly intoxicated at the time they were served.
• The establishment knew, or should have known, that the person was underage or intoxicated.
• The decision to continue serving this person directly contributed to the accident and your injuries.

Gathering proof often involves looking at credit card statements, interviewing staff and patrons, and analyzing police reports. Imagine a driver causing a crash on the Diagonal Highway after leaving a bar in Longmont; a thorough investigation would look into their activities and behavior at that bar before they ever got behind the wheel.

Important Limits on Claims in Colorado

If you are considering a lawsuit against an establishment for over-serving, there are two critical limitations in Colorado law that you need to know about. First, there is a very short time limit, known as a statute of limitations. You must file a lawsuit against the alcohol vendor within one year of the date of the over-serving incident. This is a much shorter window than the time limit for a standard car accident claim against the driver, which is why it is so important to explore your options right away. Second, Colorado law now places a cap on the amount of financial compensation, or damages in drunk driving accident, that you can recover from the vendor in a dram shop case. This amount is set by statute and is adjusted over time for inflation. While it doesn’t limit what you can recover from the drunk driver directly, it does limit the establishment’s liability.

What About a Friend Who Hosts a Party?

You may wonder if the same rules apply to a private individual who hosts a party at their home. This is known as “social host liability.” In Colorado, the rules are different for social hosts than they are for licensed bars and restaurants. Generally, a social host cannot be held liable for injuries caused by an adult guest whom they served alcohol to, even if that guest was visibly intoxicated. The primary exception to this rule involves minors. A social host can be held liable if they knowingly provide alcohol to a person under 21 or knowingly allow a person under 21 to consume alcohol on their property.

FAQs for When You Can Sue a Bar or Restaurant for Over-Serving a Drunk Driver

Here are some answers to common questions about holding alcohol vendors accountable after a drunk driving accident.

What kind of compensation can I receive in a dram shop claim?

Compensation, or damages, can help cover many different types of losses. This can include the costs of your medical treatment, any wages you lost because you couldn’t work, pain and suffering, and any permanent disability or disfigurement resulting from the injury.

Does suing the bar mean I can’t also sue the drunk driver?

No, these are typically two separate claims. You can pursue a personal injury claim against the negligent driver for their actions while also pursuing a dram shop claim against the establishment that over-served them. Speaking with an experienced personal injury lawyer can help you understand how both parties can be held accountable for the roles they played.

What if the drunk driver who hit me was also killed in the crash?

You can still pursue a claim against the drunk driver’s estate and a separate dram shop claim against the bar or restaurant. The driver’s death does not eliminate the legal responsibility for the harm they caused or the establishment’s role in contributing to it.

Can I sue a bar if I was the one who was over-served and I injured myself?

In Colorado, the law generally does not allow a person who voluntarily became intoxicated to sue the vendor for injuries they inflict upon themselves. The law is designed to protect innocent third parties who are harmed by the actions of an over-served patron.

A Legal Team Can Help You Find the Way Forward

If you’ve been injured by a drunk driver, holding all responsible parties accountable, including a bar or restaurant that acted negligently, is a critical step toward justice and ensuring community safety. A caring and competent legal team can handle the investigation and legal process so you can concentrate on your recovery. At Sloat, Nicholson & Hoover, P.C., we are dedicated to providing compassionate and determined legal representation for people affected by serious injuries. We believe in giving each client personalized attention because your story matters. If you or a loved one has been harmed by a drunk driver, we are here to listen and help you understand your options. Contact us today at 303-447-1144 or through our online form for a free case consultation.