Principle Attorney
When a drunk driver causes a serious crash, the blame often feels obvious — the driver made a reckless decision, and others paid the price. But what if the person was already clearly intoxicated when they were handed another drink? In Colorado, bars and restaurants can sometimes be held responsible, too.
If you or someone you love was injured in a DUI crash in Denver, there’s a chance the bar that overserved the driver may share legal liability. Here’s what you should know about Colorado’s dram shop law and how it could affect your case.
Colorado’s Dram Shop Law Explained
Colorado law allows injured people to file a claim against alcohol-serving businesses under certain circumstances. This type of legal claim is called a dram shop action.
The law (CRS § 44-3-801) is narrow and only applies when:
- A bar, restaurant, or club willfully and knowingly served alcohol to a visibly intoxicated person, or
- The establishment served alcohol to someone under 21 years old
This means not every business that serves alcohol to a drunk person can be sued. The victim must show that the establishment knew the person was already intoxicated or that they were clearly underage.
When Can a Bar Be Held Liable?
To bring a successful dram shop claim, the following must be true:
- The person who caused the accident was either underage or visibly drunk when they were served
- The bar, club, or restaurant knowingly ignored the signs or didn’t verify the customer’s age
- The drunk person’s intoxication directly led to the accident that caused injuries or death
Suppose a bartender on South Broadway continues to serve someone who is slurring their words, stumbling, and being aggressive, and that person later crashes into a pedestrian. That bar could be liable.
Or consider a minor who gets alcohol at a downtown club using a fake ID. If the staff didn’t check carefully and that person ends up injuring someone in a DUI crash, the club might face civil liability.
These Cases Aren’t Easy to Win
Dram shop cases are tough. The law is designed to limit liability for bars unless their actions were particularly reckless. To win, you’ll need strong evidence, such as:
- Security footage showing how much alcohol was served
- Witnesses who saw the driver being clearly intoxicated
- Bartenders or servers testifying (sometimes under subpoena)
- Receipts or time-stamped transaction records
Another major factor is that the deadline to file a dram shop claim is only one year from the date of the incident. That’s half the time allowed for most other personal injury claims in Colorado.
What Can Victims Recover?
If your dram shop claim is successful, you may be entitled to compensation for:
- Medical bills and treatment
- Lost wages or income
- Pain and suffering
- Emotional trauma
- Funeral and burial costs in wrongful death cases
Often, a claim is filed against both the drunk driver and the bar or establishment. Holding both parties accountable can lead to a stronger financial recovery and a stronger message that negligence won’t be tolerated.
Legal Help For Dram Shop Claims in Denver
If a drunk driver in Denver injured you, it’s worth asking whether the bar or restaurant that overserved them should also be held accountable. Under Colorado law, they can be — but only if the evidence is strong and the case is filed on time.
Call the Law Offices of Dianne Sawaya today for a free consultation. We’re local, aggressive, and ready to help you pursue the justice you deserve.