Banner Art
Text  Increase Text SizeDecrease Text Size

12-47-801. Civil Liability - Legislative Declaration

(1)  The general assembly hereby finds, determines, and declares that this section shall be interpreted so that any common law cause of action against a vendor of alcohol beverages is abolished and that in certain cases the consumption of alcohol beverages rather than the sale, service, or provision thereof is the proximate cause of injuries or damages inflicted upon another by an intoxicated person except as otherwise provided in this section.

 

(2)  As used in this section, "licensee" means a person licensed under the provisions of this article or article 46 or 48 of this title and the agents or servants of such person.

 

(3) (a)  No licensee is civilly liable to any injured individual or his or her estate for any injury to such individual or damage to any property suffered because of the intoxication of any person due to the sale or service of any alcohol beverage to such person, except when:

 

(I)  It is proven that the licensee willfully and knowingly sold or served any alcohol beverage to such person who was under the age of twenty-one years or who was visibly intoxicated; and

 

(II)  The civil action is commenced within one year after such sale or service.

 

(b)  No civil action may be brought pursuant to this subsection (3) by the person to whom the alcohol beverage was sold or served or by his or her estate, legal guardian, or dependent.

 

(c)  In any civil action brought pursuant to this subsection (3), the total liability in any such action shall not exceed one hundred fifty thousand dollars.

 

(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 knowingly served any alcohol beverage to such person who was under the age of twenty-one years or knowingly provided the person under the age of twenty-one a place to consume an alcoholic beverage; 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.

 

(4.5) An instructor or entity that complies with section 18-13-122(3)(c), C.R.S. shall not be liable for civil damages resulting from the intoxication of a minor due to the minor's unauthorized consumption of alcohol beverages during instruction in culinary arts, food service, or restaurant management pursuant to section 18-13-122(3)(c), C.R.S. 

 

(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.

 

(c)  The secretary of state shall certify the adjusted limitation on damages within fourteen days after the appropriate information is available, and such adjusted limitation on damages shall be the limitation applicable to all claims for relief that accrue on or after January 1, 1998.

 

(I) The adjusted limitation on damages as of January 1, 1998, shall be the limitation applicable to all claims for relief that accure on or after January 1, 1998, and before January 1, 2008; and

 

(II) The adjusted limitation on damages as of January 1, 2008, shall be the limitation applicable to all claims for relief that accure on and after January 1, 2008.