Every husband, wife, child, parent, guardian, employer, or other person who is injured in person, or property, or means of support by any intoxicated person, or in consequence of the intoxication of any person, has a right of action, in his or her name, against any person who, by selling or giving away intoxicating liquors to any habitually intoxicated person or person with an alcohol use disorder, causes the intoxication, in whole or in part, of such habitually intoxicated person or person with an alcohol use disorder; and all damages recovered by a minor pursuant to this section must be paid either to the minor or to his or her parent, guardian, or next friend, as the court directs. The unlawful sale or giving away of intoxicating liquors works a forfeiture of all rights of the lessee or tenant under any lease or contract of rent upon the premises. Liability must not accrue against any such person as provided unless the husband, wife, child, parent, guardian, or employer first, by written or printed notice, has notified such person, or his or her agents or employees, not to sell or give away any intoxicating liquors to any habitually intoxicated person or person with an alcohol use disorder.
Source: L. 1879: P. 92, 1.G.S. 1034.R.S. 08: 2068.C.L. 6308.CSA: C. 50, 7.CRS 53: 41-2-3.C.R.S. 1963: 41-2-3. L. 2018: Entire section amended,(SB 18-091), ch. 35, p. 384, 12, effective August 8.
(1) For provisions concerning the liability of persons who sell or serve alcoholic beverages to intoxicated persons or minors, see 44-3-801.
(2) For the legislative declaration in SB 18-091, see section 1 of chapter 35, Session Laws of Colorado 2018.
Law reviews. For comment, Crespin v. Largo Corporation and the Legislative Response: The Turbulent State of Dram Shop Liability in Colorado, see 57 U. Colo. L. Rev. 419 (1986). For article, Whats in the Package: Food, Beverage, and Dietary Supplement Law and Litigation Part I, see 43 Colo. Law. 77 (July 2014).
This section does not supersede common law actions. The statutory dram shop or civil damage act contained in this section does not preclude a common law dram shop action. Crespin v. Largo Corp., 698 P.2d 826 (Colo. App. 1984), affd, 727 P.2d 1098 (Colo. 1986).
The right of recovery under this section is not limited to only victims who had a personal or employment relationship with the drunk driver before he injured them. Espadero v. Feld, 649 F. Supp. 1480 (D. Colo. 1986).