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.
Cross references: (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.
Structure Colorado Code
Title 13 - Courts and Court Procedure
§ 13-21-101. Interest on Damages
§ 13-21-102. Exemplary Damages
§ 13-21-102.5. Limitations on Damages for Noneconomic Loss or Injury
§ 13-21-103. Damages for Selling Liquor to an Intoxicated Person
§ 13-21-104. Damages for Using Animal Left for Keeping
§ 13-21-105. Damages From Fire Set in Woods or Prairie - Treble Damages During Drought Conditions
§ 13-21-106. Broadcasting Defamatory Statements
§ 13-21-106.5. Civil Damages for Destruction or Bodily Injury Caused by a Bias-Motivated Crime
§ 13-21-107. Damages for Destruction or Bodily Injury Caused by Minors
§ 13-21-107.5. Civil Damages for Loss Caused by Theft
§ 13-21-108. Persons Rendering Emergency Assistance Exempt From Civil Liability
§ 13-21-109. Recovery of Damages for Checks, Drafts, or Orders Not Paid Upon Presentment
§ 13-21-109.5. Recovery of Damages for Fraudulent Use of Social Security Numbers
§ 13-21-110. Medical Committee - Privileged Communication - Limitation on Liability
§ 13-21-111. Negligence Cases - Comparative Negligence as Measure of Damages
§ 13-21-111.6. Civil Actions - Reduction of Damages for Payment From Collateral Source
§ 13-21-111.7. Assumption of Risk - Consideration by Trier of Fact
§ 13-21-111.8. Assumption of Risk - Shooting Ranges
§ 13-21-112. Ad Damnum Clauses in Professional Liability Actions
§ 13-21-113. Donation of Items of Food - Exemption From Civil and Criminal Liability - Definitions
§ 13-21-114. Immunity of Mine Rescue Participants and Their Employers or Organizations
§ 13-21-115. Actions Against Landowners
§ 13-21-115.6. Immunity From Civil Liability for School Crossing Guards and Sponsors
§ 13-21-117. Civil Liability - Mental Health Providers - Duty to Warn - Definitions
§ 13-21-117.7. Civil Actions Against Family Foster Care Providers - Limited Liability
§ 13-21-118. Actions Based on Flight in Aircraft
§ 13-21-122. Civil Liability for Unlawful Use of Personal Identifying Information
§ 13-21-122.5. Civil Liability for Trading in Telephone Records
§ 13-21-124. Civil Actions Against Dog Owners
§ 13-21-125. Civil Actions for Theft in the Mortgage Lending Process
§ 13-21-126. Funeral Picketing - Legislative Declaration - Definitions - Damages
§ 13-21-127. Civil Damages for Human Trafficking and Involuntary Servitude
§ 13-21-129. Snow Removal Service Liability Limitation - Exceptions - Short Title - Definitions
§ 13-21-130. Civil Liability for False Statement to Recover Possession of Real Property
§ 13-21-131. Civil Action for Deprivation of Rights
§ 13-21-132. Civil Liability for Misuse of Gametes - Definitions