C.R.S. Section 44-3-801
Civil liability

  • legislative declaration
  • definitions

(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 3 or article 4 or 5 of this title 44 and the agents or servants of the person.

(3)

Intentionally left blank —Ed.

(a)

No licensee is civilly liable to any injured individual or his or her estate for any injury to the 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 the person, except when:

(I)

It is proven that the licensee willfully and knowingly sold or served any alcohol beverage to the 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 the 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)

Intentionally left blank —Ed.

(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 the 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 the 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 the service.

(b)

No civil action may be brought pursuant to this subsection (4) by the person to whom the 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)

An instructor or entity that complies with section 18-13-122 (5)(c) 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 (5)(c).

(6)

Intentionally left blank —Ed.

(a)

The limitations on damages set forth in subsections (3)(c) and (4)(c) of this section must be adjusted for inflation as of January 1, 1998, January 1, 2008, January 1, 2020, and each January 1 every two years thereafter. The adjustments made on January 1, 1998, January 1, 2008, January 1, 2020, and each January 1 every two years thereafter must be based on the cumulative annual adjustment for inflation for each year since the effective date of the damages limitations in subsections (3)(c) and (4)(c) of this section. The adjustments made pursuant to this subsection (6)(a) must be rounded upward or downward to the nearest ten-dollar increment.

(b)

As used in this subsection (6), “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:

(I)

The adjusted limitation on damages as of January 1, 1998, is applicable to all claims for relief that accrue on or after January 1, 1998, and before January 1, 2008;

(II)

The adjusted limitation on damages as of January 1, 2008, is applicable to all claims for relief that accrue on and after January 1, 2008, and before January 1, 2020; and

(III)

The adjusted limitation on damages as of January 1, 2020, and each January 1 every two years thereafter is applicable to all claims for relief that accrue on and after the specified January 1 and before the January 1 two years thereafter.

Source: Section 44-3-801 — Civil liability - legislative declaration - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-44.­pdf (accessed Oct. 20, 2023).

44‑3‑101
Short title
44‑3‑102
Legislative declaration
44‑3‑103
Definitions
44‑3‑104
Wine shipments - permits
44‑3‑105
Local option
44‑3‑106
Exemptions
44‑3‑107
Permitted acts - auctions at special events - definition
44‑3‑201
State licensing authority - creation
44‑3‑202
Duties of state licensing authority
44‑3‑203
Performance of duties
44‑3‑301
Licensing in general
44‑3‑302
License renewal - rules
44‑3‑303
Transfer of ownership and temporary permits
44‑3‑304
State licensing authority - application and issuance procedures - definitions - rules
44‑3‑305
Denial of application
44‑3‑306
Inactive licenses
44‑3‑307
Persons prohibited as licensees - definition
44‑3‑308
Unlawful financial assistance
44‑3‑309
Local licensing authority - applications - optional premises licenses
44‑3‑310
Optional premises license - local option
44‑3‑311
Public notice - posting and publication - definition
44‑3‑312
Results of investigation - decision of authorities
44‑3‑313
Restrictions for applications for new license
44‑3‑401
Classes of licenses and permits - rules
44‑3‑402
Manufacturer’s license
44‑3‑403
Limited winery license - rules
44‑3‑404
Festival permit - rules
44‑3‑405
Importer’s license
44‑3‑406
Nonresident manufacturers and importers of malt liquor
44‑3‑407
Wholesaler’s license - discrimination in wholesale sales prohibited
44‑3‑408
Termination of wholesalers - remedies - definitions
44‑3‑409
Retail liquor store license - rules
44‑3‑410
Liquor-licensed drugstore license - multiple licenses permitted - requirements - rules
44‑3‑411
Beer and wine license
44‑3‑412
Bed and breakfast permit
44‑3‑413
Hotel and restaurant license - definitions - rules
44‑3‑414
Tavern license
44‑3‑415
Optional premises license
44‑3‑416
Retail gaming tavern license
44‑3‑417
Brew pub license - definitions
44‑3‑418
Club license - legislative declaration
44‑3‑419
Arts license - definition
44‑3‑420
Racetrack license
44‑3‑421
Public transportation system license
44‑3‑422
Vintner’s restaurant license
44‑3‑423
Removal of vinous liquor from licensed premises
44‑3‑424
Retail establishment permit - definitions
44‑3‑425
Wine packaging permit - limitations - rules
44‑3‑426
Distillery pub license - legislative declaration - definition
44‑3‑427
Liquor-licensed drugstore manager’s permit
44‑3‑428
Lodging and entertainment license
44‑3‑429
Purchasing alcohol from a surrendered license of common ownership - definition
44‑3‑501
State fees - rules
44‑3‑502
Fees and taxes - allocation
44‑3‑503
Excise tax - records - rules - definition
44‑3‑504
Lien to secure payment of taxes - exemptions - recovery
44‑3‑505
Local license fees
44‑3‑601
Suspension - revocation - fines - rules
44‑3‑701
Inspection procedures
44‑3‑801
Civil liability - legislative declaration - definitions
44‑3‑802
Judicial review
44‑3‑901
Unlawful acts - exceptions - definitions
44‑3‑902
Testing for intoxication by law enforcement officers - when prohibited
44‑3‑903
Alcohol-without-liquid devices - legislative declaration - definition - unlawful acts
44‑3‑904
Violations - penalties
44‑3‑905
Duties of inspectors and police officers
44‑3‑906
Warrants - searches and seizures
44‑3‑907
Return on warrant - sale of liquor seized
44‑3‑908
Loss of property rights
44‑3‑909
Colorado state fair - common consumption area - national western center - consumption on premises
44‑3‑910
Common consumption areas
44‑3‑911
Takeout and delivery of alcohol beverages - permit - on-premises consumption licenses - requirements and limitations - rules - definition - repeal
44‑3‑912
Communal outdoor dining areas - permit required - rules
44‑3‑1001
Short title
44‑3‑1002
Responsible vendors - standards
Green check means up to date. Up to date

Current through Fall 2024

§ 44-3-801’s source at colorado​.gov