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Colorado Springs Dram Shop Liability Lawyer

Written by Timothy R. Bussey · Reviewed by Benjamin Wilcox · Last updated 27 September 2026

Key Takeaways

Deadline: 1 year from the sale or service to sue the bar or social host (C.R.S. 44-3-801(3)(a)(II)); 3 years against the drunk driver (C.R.S. 13-80-101(1)(n)).
If you were partly at fault: damages are reduced by your share and barred entirely at 50% (C.R.S. 13-21-111).
Where it is filed: El Paso County Combined Courts, 270 S Tejon St, Colorado Springs, CO 80903.

Can you sue a bar in Colorado for over-serving a drunk driver?

Only in narrow circumstances, and the window is far shorter than people expect.

C.R.S. 44-3-801(1) abolishes the common-law claim against an alcohol vendor outright. A licensee is liable only where it is proven that it "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 total liability in such an action is capped. The statute says $150,000 but requires inflation adjustment (44-3-801(6)); the Secretary of State certified $465,730 for claims accruing in 2026 and 2027. This is legally consequential and fact-specific; have it assessed rather than assumed.

For claims that accrued in 2024–2025 the certified cap was $437,880. A claim against the driver is separate and follows the rules on our drunk driving accident page; where the crash was fatal, see wrongful death.

Who can be liable for serving alcohol in Colorado, and within what limits
Who served	When they can be liable	Deadline to sue	Total liability cap	C.R.S.
Bar, restaurant or liquor store (licensee)	Proven it willfully and knowingly served someone under 21 or visibly intoxicated	1 year after the sale or service	$465,730 total for claims accruing in 2026–2027 (Secretary of State, certified January 27, 2026)	44-3-801(3), (6)
Social host	Knowingly served someone under 21, or knowingly gave them a place to drink	1 year after the service	$465,730 total for claims accruing in 2026–2027 (Secretary of State, certified January 27, 2026)	44-3-801(4), (6)
The person who drank, or their estate	Cannot sue the licensee or social host	—	—	44-3-801(3)(b), (4)(b)
The drunk driver	Ordinary negligence claim; exemplary damages are possible	3 years	Not this cap	13-80-101(1)(n); 13-21-102

How long do I have to bring a dram shop claim in Colorado?

One year from the sale or service — not two, and not three.

C.R.S. 44-3-801(3)(a)(II) requires that the civil action "is commenced within one year after the sale or service", and the same one-year limit applies to a social host under subsection (4)(a)(II). That is far shorter than the two- or three-year injury deadlines, and it runs from the service, not from the crash or from the end of any criminal case. A claim against the drunk driver themselves keeps the ordinary three-year motor-vehicle deadline.

If a Colorado Springs Business Contributed to a DUI, They Should Be Held to Blame

When someone attempts to drive a motor vehicle while impaired by alcohol, he is a danger to himself and everyone around him. Colorado has strict laws regarding drunk driving, and severe penalties for those caught driving under the influence. A first-time DUI offender can lose his license for nine months, be ordered to attend alcohol education classes, be fined as much as $1,000, be required to perform up to 96 hours of community service, and be sentenced to up to a year in jail (C.R.S. 42-4-1307(3)(a); for drivers 21 and older, C.R.S. 42-2-125(1)(b.5)).

If you've been injured or lost a loved one because of a drunk driver in Colorado Springs, you may be glad the driver is being punished, but a criminal charge will do nothing to cover your medical bills, lost wages, and more. You need to file a civil claim against the at-fault parties. If you find yourself in such a position, contact The Bussey Law Firm, P.C. Call our Colorado Springs office for a free case evaluation at (719) 475-2555.

Holding the Driver Responsible

After being hit by a drunk driver, you will likely file a civil claim against the driver and his or her insurance provider. After all, you have the right to seek compensation for your injuries and losses from the impaired driver who caused your accident. However, that may not be enough to cover your costs. Drunk-driver collisions are often high-speed and violent, leading to severe injuries that cost thousands of dollars to treat. One driver is unlikely to have an insurance policy high enough to actually cover all of your losses. Even worse, there is always the possibility that the at-fault driver doesn’t have insurance at all, leaving you to deal with your medical bills alone.

That is where dram shop liability comes in. Colorado allows you to seek compensation from a third party under its dram shop liability law. You can file a claim against the business that sold the driver alcohol, holding that business partially responsible for your injuries.

Dram Shop Liability Law

Dram shop laws are so called because at one time, alcoholic beverages were sold in units of measurement known as drams, thus dram shop. With the advent of these laws, victims of drunk drivers could turn to the businesses that served the drivers and demand compensation. However, this law is only applicable in certain situations. Under Colorado's dram shop law, a vendor can be held liable if it sells or serves alcohol to:

Someone who is visibly intoxicated
Someone under the age of 21

The following is an example of how a dram shop lawsuit could work.

A patron at Joe's Bar is visibly drunk, slurring his words and stumbling around. The bartender sees this, but continues to serve the man drinks. The drunken patron leaves the bar, gets into his car, and drives off. A few blocks away, he runs a stop sign and T-bones your car. As the victim in this scenario, you could not only sue the drunk driver for your losses, you could also sue Joe's Bar for serving an obviously drunk patron who later injured you.

Host Liability Law

Dram shop liability is not the only thing you should know about if you were hit by a drunk driver. Colorado also has host liability laws, which apply in non-commercial situations; the host of a party could also be liable for your injuries if he or she knowingly served someone under the age of 21 or knowingly gave them a place to drink (C.R.S. 44-3-801(4)). Party hosts are not responsible if they serve someone already clearly intoxicated, so long as that person is of legal drinking age.

For example, suppose Courtney is having a party where alcohol is being served. Rebecca, an adult, attends the party, bringing along her 18-year-old son, Scott. Rebecca drinks too much and is visibly intoxicated, yet Courtney keeps serving her cocktails. If Rebecca gets behind the wheel of her car, runs a red light, and crashes into you, you cannot sue Courtney for overserving Rebecca. However, if Courtney knowingly served Scott alcohol, and he was the one driving, you could sue Courtney because Scott was not of legal drinking age.

Statute of Limitations and Damage Caps

Colorado Springs dram shop lawsuits are slightly different from normal personal injury claims. You can sue for the same damages in a dram shop case as you can in a regular personal injury or wrongful death case (medical bills, pain and suffering, funeral costs, loss of income, etc.), but Colorado has placed a limit, or cap, on the total amount of compensation you can be awarded in a settlement or verdict. The statute sets it at $150,000, adjusted for inflation every two years (C.R.S. 44-3-801(6)); the Colorado Secretary of State certified $465,730 for claims accruing on or after January 1, 2026, and before January 1, 2028.

The time period in which you can file a dram shop claim is also different. The Colorado statute of limitations for personal injury claims is two years from the date of your injury, and for motor vehicle accidents, it is three years from the date of the accident. However, the statute of limitations for filing a dram shop claim is only one year. For this reason, it is important to speak to a skilled Colorado Springs personal injury attorney as soon as possible after your accident.

The Bussey Law Firm, P.C., has helped many Colorado residents get the compensation they deserve following a serious injury.

Top Colorado Springs Dram Shop Liability Attorneys

As dram shop liability attorneys, The Bussey Law Firm, P.C., has helped many Colorado residents get the compensation they deserve following a serious injury. Let us do the same for you by calling (719) 475-2555. If you feel our firm is the right one for your case, give us a call. We will not stop fighting for your rights until you get the settlement you deserve. As a bonus, we offer free consultations to all potential clients.

Additional Information

Frequently Asked Questions About Dram Shop Liability in Colorado Springs, CO

You likely have many questions and concerns about your legal rights and options. Below, we’ve compiled some frequently asked questions and provided answers to help you better understand the process. Remember, our team at The Bussey Law Firm, P.C. is here to provide you with legal guidance and support.

What is dram shop liability, and how does it apply in Colorado Springs, CO?

Dram shop liability holds establishments responsible for serving alcohol to individuals who are visibly intoxicated or underage. In Colorado Springs, this means that both the individual who consumed the alcohol and the establishment can be held liable if injuries occur as a result of over-serving.

How do I know if I have a valid dram shop liability case?

To determine the validity of your case, it’s crucial to consult with an attorney. Factors like the establishment’s negligence, the severity of your injuries, and the evidence available will all play a role in assessing your case’s strength.

What damages can I seek in a dram shop liability case?

In a dram shop liability case, you may be eligible to seek compensation for various damages, including medical expenses, lost wages, pain and suffering, property damage, and more. An attorney can help you understand the full scope of potential damages based on your specific circumstances.

How can an attorney help me with my dram shop liability claim?

An attorney can provide invaluable assistance by evaluating your case, collecting evidence, negotiating with insurance companies, representing you in court if necessary, and ensuring your rights are protected throughout the legal process. Their experience is essential to maximizing your compensation.

What should I do immediately after suffering an injury due to dram shop liability?

After an injury, prioritize your health and safety by seeking medical attention promptly. Collect evidence if possible, such as witness statements or photographs, and avoid discussing your case on social media. Finally, contact an attorney to discuss the details of your incident and explore your legal options.

Is there a time limit for filing a dram shop liability claim in Colorado Springs?

Yes. A claim against the bar or social host must be filed within one year after the sale or service (C.R.S. 44-3-801(3)(a)(II), (4)(a)(II)); a claim against the drunk driver has three years (C.R.S. 13-80-101(1)(n)).

Do I need to pay upfront for legal services if I hire an attorney for my dram shop liability case?

No. Consultations are free, and injury cases are handled on a contingency fee, so the firm is paid out of a recovery. Call (719) 475-2555.

What evidence does a dram shop claim need?

Proof of what the server could see, gathered before it is gone. Point-of-sale records and card receipts show the number and timing of drinks; the venue's cameras show visible intoxication, and recordings can be overwritten on a short cycle; server and manager identities, staff schedules and any responsible-service training records establish what they knew. With a one-year deadline and footage that may not be kept, waiting is costly.

What does a dram shop claim cost to pursue?

Nothing up front, and nothing at all unless there is a recovery. A dram shop review is free and the firm is paid a percentage of what it recovers rather than by the hour, so asking costs nothing. Call (719) 475-2555.

What is dram shop liability in Colorado?

A claim against a licensee that served alcohol to someone who then caused injury. Colorado's statute is narrow — it is not general liability for serving a customer who later drinks too much — and it turns on service to a visibly intoxicated person or to a minor.

Who can be liable under the statute?

A licensee that willfully and knowingly served a visibly intoxicated person or someone under 21, and a social host who knowingly served someone under 21 or knowingly gave them a place to drink (C.R.S. 44-3-801(3), (4)). The impaired driver remains liable in the ordinary way alongside them.

Where is a dram shop claim filed?

In the El Paso County Combined Courts, 270 S Tejon St, Colorado Springs, CO 80903 — the district court serving El Paso County. Most claims settle without a court appearance; if one does not, the lawsuit is filed there and must be filed before the deadline runs.

Is there a notice requirement before suing a bar?

C.R.S. 44-3-801 sets no separate notice step. What it sets is a one-year deadline to commence the lawsuit, running from the sale or service (44-3-801(3)(a)(II)), so the claim has to be investigated and filed within that year.

How is visible intoxication proven?

Receipts and point-of-sale records showing what was served and when, venue camera footage, server statements, and the blood result from the criminal case read backwards to the time of service.

What Are the Colorado Deadlines and Rules on This Claim?

Which deadline applies depends on how the injury happened, not on what it is called. Colorado gives three years to a claim arising from the use or operation of a motor vehicle and two years to most other injury claims. Missing the deadline normally ends the claim regardless of its merits.

Colorado deadlines and rules that apply to this claim
A claim against the bar, restaurant or social host that served	1 year from the sale or service — C.R.S. 44-3-801(3)(a)(II), (4)(a)(II)
A claim arising from the use or operation of a motor vehicle	3 years — C.R.S. 13-80-101(1)(n)
Most other personal injury claims	2 years — C.R.S. 13-80-102
If you were partly at fault	Damages reduced by your share, barred at 50% — C.R.S. 13-21-111
Where a Colorado Springs claim is filed	El Paso County Combined Courts, 270 S Tejon St, Colorado Springs, CO 80903

Sources and References

Deadlines are cited by section to the Colorado General Assembly’s published 2024 revised statutes. This page is general information, not legal advice, and does not create an attorney-client relationship.

Past results do not guarantee future outcomes. Every case is decided on its own facts.