Over Serving Customers is Against the Law.
We’ve all seen it, most likely more than once. As a patron of a bar, restaurant or other commercial establishment licensed to sell alcoholic beverages,
you notice an obviously intoxicated customer who continues to purchase and consume alcoholic beverages.
Colorado Bars and Drunk Driving
State of Colorado Regulation 47-900. Conduct of Establishment.
A. Orderliness, loitering, serving of intoxicated persons
Each person licensed under Article 46,47, and 48 of Title 12, and any employee or agent of such licensee shall conduct the licensed premises in a decent, orderly and respectable manner; and shall not permit on the licensed premises the serving or loitering of a visibly intoxicated person or habitual drunkard, nor shall the licensee, his employee or agent knowingly permit any activity or acts of disorderly conduct as defined by and provided for in Section 18-9-106, C.R.S. nor shall a licensee permit rowdiness, undue noise, or other disturbances or activity offensive to the senses of the average citizen, or to the residents of the neighborhood in which the licensed establishment is located.
You may think nothing of it, that it’s none of your business. Yet, if that same customer leaves the establishment, gets behind the wheel of a car and causes a catastrophic crash, it becomes everyone’s business.
The Denver injury attorneys at Lonn Heymann Law Firm, P.C. take an aggressive stance against bars, restaurants and other establishments that continue to serve alcohol to patrons well past the point of obvious intoxication. When a business that survives on that patronage of drive-up customers negligently serves intoxicated customers, it can and should be held responsible for the carnage that is often the tragic result.
A business that continues to serve the drunken patron faces serious liability issues, and may be responsible for causing the crash, from a legal perspective. There are strict laws and regulations regarding selling and serving alcohol to an impaired customer, yet it happens every day.
Generally, you will find that larger local, regional or nationwide restaurants and bar establishments place great importance on the consequences of over serving a customer. Smart business operators realize that they could be liable in the event one of their patrons leaves intoxicated, and subsequently causes an accident. Most well established restaurants, for example, hold mandatory training for all employees who serve alcohol, teaching them how to spot an intoxicated patron, and how to handle the situation. In most cases, the server themselves may also be legally responsible should an accident occur.
An establishment may lose their liquor license completely, have it revoked for a period of time, have significant fines levied against them, and face severe legal consequences should they be found guilty of selling alcohol to an intoxicated customer or a minor.
Drunk driving crashes are an all too common problem in the United States. In 2008 alone in Colorado, 173 people died in alcohol related motor vehicle accidents. Even though most responsible owners or businesses, which sell and serve alcohol, do their best to not over serve their patrons, the fact is that there is no specific monitoring of the industry or the necessary law enforcement manpower to eliminate it entirely.
If you have been injured because of the negligence of a drunk driver, you may have a case for legal action against both the driver and the establishment that served him. Call the Denver drunk driving accident lawyers at Lonn Heymann Law Firm, P.C. for a free and confidential appointment to discuss your rights.
Call Today – (303)825-9100