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Dram Shop Liability | Denver DUI Accident Attorney
Colorado’s dram shop law states that any business which sells alcoholic drinks must serve responsibly. If they continue to serve a patron who is obviously intoxicated, or a minor under the age of 21, the establishment could be liable to anyone injured by the drunk patron once they leave the establishment. If you’ve been injured in an accident with a drunk driver, contact a Denver DUI accident attorney for help today.
Holding an Alcohol-Serving Establishment Liable
DUI injury victims will need to speak with an experienced drunk driving lawyer as soon as possible after their accident. An establishment can be sued for compensation under Colorado’s dram shop law, but time is of the essence. A statute of limitations applies. These types of lawsuits must be filed within one year of the alcohol-related incident. Sometimes, dram shop liability is not known immediately. In some cases this information becomes apparent only after a lawsuit has been filed against the drunk driver. In special circumstances, exceptions can be made to the time constraints.
To form the basis for a successful dram shop case in Colorado, a plaintiff must show two things:
1. They must prove their damages, and
2. He or she must prove that the establishment being sued willfully and knowingly sold alcohol to a visibly intoxicated person, or a person who was younger than twenty-one.
Under Colorado law, it can be difficult to prove that a bartender or waitress was at fault. And they will certainly never admit to breaking the law. To bolster your case, your attorney may investigate the specific bar tender or waitress. Your attorney will attempt to determine whether they have broken the law in the past.
Furthermore, your attorney may examine the reputation of the bar or restaurant. He or she will look for a history of infractions pertaining to the establishment’s liquor license. Interviewing other patrons or staff members who were present on the night of the DUI can shed light on the true story. A subpoena of any existing video surveillance will also be useful in proving your case and securing compensation for your injuries.
A DUI injury victim with a dram shop claim in Colorado may be eligible to recover the following damages:
• Medical expenses, including emergency room visits, ambulance service, physical therapy, and prescriptions,
• Lost income,
• Property damage, and
• Pain and suffering.
It is important to note, however, that injury victims are limited to a recovery of $150,000 in dram shop cases.
Contact Our Denver Drunk Driving Lawyers
When a drunk driver injures you or someone you love, it is important to know that the law is on your side. There may even be multiple parties responsible for your accident and your injuries. As such, it is important to speak to an experienced Denver drunk driving lawyer immediately. Contact the Denver Law Firm of John R. Fuller, P.C. today at 303-597-4500 for a free initial consultation