Hello rexbuchanan-ga,
First, I?m going to issue some personal sentiments. If you?re
concerned about this happening, don?t EVER put yourself in a place
where it could happen. It?s not about being sued, or what trouble you
could get into, it?s about being responsible, even when you might get
flack for it. I had my time with college, partying, and minors trying
to drink at my place/get me to buy alcohol for them. My standard
answer was, ?I don?t want your death on my hands and have to apologize
to your parents for doing something illegal and being so stupid to put
myself in that position.? Most understood, and those who didn?t will
in a few years when they mature up. I know you want your friends to
have a good time, but remember, it could be at your expense of your
criminal record, your future, your time, and your money.
Now, let?s talk about Colorado Law on this topic.
Currently, providing alcohol to a minor can result in up to 12 months
in jail and a fine between $250.00 and $1000.00.
There are 2 bills in progress as of May 7th, one is proposing to allow
Judges to suspend the license of anyone caught and convicted of giving
alcohol to a minor. The other (House Bill 1183) is trying to raise the
penalty to up to 18 months in jail and a fine of $500.00 to $5000.00.
It also is trying to allow?
?Under the measure teens wouldn't be charged with underage drinking if
they call for an ambulance and remain with the person until help
arrives. To get immunity, they would also have to cooperate with
police and paramedics at the scene but they wouldn't have to answer
any follow up questions later if investigators needed more information
about who provided the alcohol.?
This is coming about due to teens being scared of the consequences and
leaving their friends instead of calling for help.
http://www.summitdaily.com/article/20050507/NEWS/105070030
?If a minor driver is convicted of DWAI (Driving While Ability
Impaired), his or her license is revoked for one year. If you are
under 21 years of age, it is against Colorado law to drive with a
blood alcohol content of 0.02 or higher. It is a Class A traffic
misdemeanor to drive if your BAC (Blood Alcohol Content) is at least
0.02 but not more than 0.05. ?
C.R.S. § 42-4-1301(2)(a.5).
?Drivers under age 21 may request a breath or blood test when charged
with DWAI, DUI, or DUI per se. However, minor drivers under 21 charged
with Underage Drinking and Driving (UDD) will have to submit to a
breath test.? http://www.kurtzpeckham.com/DUI.shtml
Now, as far as you?re concerned with all of this, one part of what
you?d be looking at is called a Dram Shop Claim. ?This is a claim
brought against the seller of liquor or an adult who provides liquor
to a minor when the person consumes the alcohol and subsequently
causes injuries to another (a third party).? In the event this
happens, the person providing the alcohol can be held responsible for
any injuries caused by the intoxicated person.
There?s also the issue of Social Host Liability, which is? ?statute or
case law that imposes potential liability on social hosts as a result
of their serving alcohol to obviously intoxicated persons or minors
who subsequently are involved in crashes causing death or injury to
third-parties.? The total liability could be up to $150,000.00 for
this offense pursuant to 12-47-801 of the Colorado Statutes. (See
Below)
(4) (a) No social host who furnishes any alcohol beverage is civilly
liable to any injured individual or his or her estate for any injury
to such individual or damage to any property suffered, including any
action for wrongful death, because of the intoxication of any person
due to the consumption of such alcohol beverages, except when:
(I) It is proven that the social host willfully and knowingly served
any alcohol beverage to such person who was under the age of
twenty-one years; and
(II) The civil action is commenced within one year after such service.
(b) No civil action may be brought pursuant to this subsection (4) by
the person to whom such alcohol beverage was served or by his or her
estate, legal guardian, or dependent.
(c) The total liability in any such action shall not exceed one
hundred fifty thousand dollars.
(5) (a) The limitations on damages set forth in paragraph (c) of
subsection (3) and paragraph (c) of subsection (4) of this section
shall be adjusted for inflation as of January 1, 1998. The adjustment
made on January 1, 1998, shall be based on the cumulative annual
adjustment for inflation for each year since the effective date of the
damages limitations of paragraph (c) of subsection (3) and paragraph
(c) of subsection (4) of this section. The adjustment made pursuant to
this paragraph (a) shall be rounded upward or downward to the nearest
ten-dollar increment.
(b) As used in this subsection (5), "inflation" means the annual
percentage change in the United States department of labor, bureau of
labor statistics, consumer price index for Denver-Boulder, all items,
all urban consumers, or its successor index.
"Willfully and knowingly served" as used in subsection (3) (a) (I)
occurs only when a social host has control over or takes an active
part in supplying a minor with alcohol. Providing a home at which
alcohol is consumed by minors, without more, does not create social
host liability.
Forrest v. Lorrigan, 833 P.2d 873 (Colo. App. 1992).
The fact that the host collected money for the purchase of beer was
not enough to permit a finding of social host liability, absent
evidence that he also bought or exercised control over the beer.
Forrest v. Lorrigan, 833 P.2d 873 (Colo. App. 1992).
Therefore, if you provide the home and have no idea that the minor is
drinking, AKA, they snuck a couple beers in with them and you didn?t
know, you might not be held liable. However, each situation is
different, so don?t count on this.
Heirs of fatally-injured intoxicated person may not maintain wrongful
death action against vendor of alcoholic beverages because this
statute abolishes such actions by the consumers of alcohol and the
wrongful death statute permits heirs to maintain such actions only if
the deceased could have done so had the deceased's injuries not been
fatal. Sigman v. Seafood Ltd. Partnership I, 817 P.2d 527 (Colo.
1991).
However, as a private party, you may not be considered a ?vendor? so
make sure you don?t think this lets you off the hook for their family
to sue if they did die in a car crash resulting from drinking at your
place. You can read much more of the law here:
http://198.187.128.12/colorado/lpext.dll?f=templates&fn=fs-main.htm&2.0
Therefore, if you willing serve someone under 21 and you know they?re
under 21 (and it is, as the host, your responsibility to know, just as
a bar owner would have to). You are liable to be sued within 1 year of
whatever happened with the minor (AKA, car accident resulting in death
of the minor and or any others/third parties)
Please also look at these links for more information:
http://www3.madd.org/laws/state.cfm?StateID=CO
http://www.alcoholalert.com/drunk-driving-dram-shop.html
Google Searches Used:
://www.google.com/search?num=100&hl=en&lr=&safe=off&c2coff=1&q=colorado+dram+shop+laws+&btnG=Search
://www.google.com/search?num=100&hl=en&lr=&safe=off&c2coff=1&q=dram+shop+colorado&btnG=Search
://www.google.com/search?num=100&hl=en&lr=&safe=off&c2coff=1&q=colorado+law+providing+alcohol+to+a+minor+who+was+in+an+accident&btnG=Search
://www.google.com/search?num=100&hl=en&lr=&safe=off&c2coff=1&q=colorado+law+providing+alcohol+to+a+minor&btnG=Search
://www.google.com/search?hl=en&ie=UTF-8&oe=UTF-8&q=colorado%20law&btnG=Google+Search
If this answer requires further explanation, please request
clarification before rating it, and I'll be happy to look into this
further.
Nenna-GA
Google Answers Researcher |
Request for Answer Clarification by
rexbuchanan-ga
on
09 Jun 2005 15:36 PDT
It seems that you give a mixed answer to my question and I would like
a bit of clarification. First you said that:
"No social host who furnishes any alcohol beverage is civilly liable
to any injured individual or his or her estate for any injury to such
individual or damage to any property suffered, including any action
for wrongful death, because of the intoxication of any person due to
the consumption of such alcohol beverages, except when:
(I) It is proven that the social host willfully and knowingly served
any alcohol beverage to such person who was under the age of
twenty-one years;
Willfully and knowingly served" as used in subsection (3) (a) (I)
occurs only when a social host has control over or takes an active
part in supplying a minor with alcohol. Providing a home at which
alcohol is consumed by minors, without more, does not create social
host liability.
Then later on in your answer you said:
Therefore, if you provide the home and have no idea that the minor is
drinking, AKA, they snuck a couple beers in with them and you didn?t
know, you might not be held liable. However, each situation is
different, so don?t count on this.
Therefore, if you willing serve someone under 21 and you know they?re
under 21 (and it is, as the host, your responsibility to know, just as
a bar owner would have to). You are liable to be sued within 1 year of
whatever happened with the minor (AKA, car accident resulting in death
of the minor and or any others/third parties)
For me this is a mixed answer because you first said that as long as I
don't take part in serving alcohol to a minor, I cannot be sued. You
also said that providing a house for a party is not enough to prove
liability. Then you went on to say that unless they sneek a beer or
two into my house without me knowing, I can be sued for providing
alcohol to minors. I am unclear as to what constitutes serving
alcohol. Am I serving alcohol just because I am having a party at my
house, I am 21, and an underaged person brings thier own beer, gets
drunk, and gets killed? If I simply host a party with my friends, and
someone gets hurt, but I did not buy the alcohol for them or serve it
to them from behind a bar or something, am I still liable for their
death? Would it change if I provided a keg for the entire party, then
that situation occured? If I don't want to be liable for an underaged
person's death, do I have to ID check at a house party, even though I
am not providing alcohol to anyone other than myself? What does it
mean to "have control over" the alcohol? I am not in control of what
someone brings to my house, am I? If you could clarify these questions
for me I would be very appreciative. Thank you.
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Clarification of Answer by
nenna-ga
on
09 Jun 2005 17:14 PDT
Hi Again,
Ok, let?s cut thru the legal stuff and get to the point.
If you have any knowledge that an under aged person is drinking and
you willing allow it in your home, you?re liable.
If you have a party with a keg and a minor drinks, you?re liable. Yes,
you should ID everyone who drinks.
If you invite an under aged person and they slam a flask of vodka in
your bathroom and take off and you have NO knowledge, you?re not
liable.
If you in any way provide alcohol at an event and a minor drinks, you?re liable.
I think I know where the confusion is coming in. ?Serve? does not just
mean pour the alcohol and give it to them. It means providing a place,
with alcohol that a minor gets into. You don?t have to be in the room
or the house. If you bought the beer, a minor drinks it, and gets in a
car accident, you?re liable as the alcohol provider. You PROVIDED the
situation where they drank.
?Am I serving alcohol just because I am having a party at my house, I
am 21, and an underaged person brings thier own beer, gets drunk, and
gets killed??
**YES**
?If I simply host a party with my friends, and someone gets hurt, but
I did not buy the alcohol for them or serve it to them from behind a
bar or something, am I still liable for their death??
**Did you let them drink at your place knowingly without checking
their age, then YES**
If I don't want to be liable for an underaged person's death, do I
have to ID check at a house party, even though I am not providing
alcohol to anyone other than myself?
**Yes** If you provide a home where an underaged person can drink, you?re liable.
What does it mean to "have control over" the alcohol?
**It means you own the home where the alcohol is served. You?re the host.**
I am not in control of what someone brings to my house, am I?
**Yes, the same as if someone has drugs in your car, and you had no
idea, you still get the ticket**
Once again, what it boils down to be, is that since you?re over 21,
you?re responsible. Your home, your party, you?re responsible for your
guest?s actions in your home. It may not make you cool to ID everyone,
but you?ll be safe. If you?re that worried, DON?T DO IT.
If you want legal specifics more than this, I would suggest consulting
a lawyer in your city and state to answer more specific questions. I
am not a lawyer, judge, or jury and can not tell you what your fate
would be in the legal system for every possible scenario. I wish I
could though, I?d be much more informed myself ?
Nenna-GA
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