§ 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) (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) (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) (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.

Legislative History

Source: L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 1047, � 2, effective October 1. L. 2019: (6)(a) and (6)(c) amended, (SB 19-109), ch. 83, p. 295, � 1, effective August 2.