 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Lyons v. Nasby3/20/1989
recovery.
In our view, the proper analysis to apply in the present case is the pre-existing law concerning a tavern owner's duty to its customers. We have already stated that a reasonable person can foresee that an intoxicated patron will suffer injury, and that there is little or no social utility in providing an intoxicated person with more alcohol than he or she can safely consume. The remaining factors to be considered include the magnitude of the burden and the consequences of imposing a duty on a tavern owner. The magnitude of the burden placed upon the respondent to guard against the type of injury involved here is not, in our view, so great as to bar the imposition of a duty. By imposing a duty, we merely require that the tavern owner determine whether a patron who requested a drink was intoxicated. Tavern owners frequently argue that they are unable to ascertain whether a patron is intoxicated, and thus cannot ever know if they are breaching their duty to the patron. See Crespin, 727 P.2d at 1102. We rejected this argument in Crespin, where we noted that the General Assembly must have concluded that it was possible for tavern owners to determine whether a patron was intoxicated. Otherwise, sections 12-46-112 and 12-47-128, which in part make it illegal to sell alcoholic beverages to "visibly intoxicated" persons, would be meaningless. We point out that sections 12-46-112 and 12-47-128 require the tavern owner to ascertain whether a patron is "visibly intoxicated" rather than "legally intoxicated." While it might well be an impossible task for a tavern owner to tell if a patron is "legally intoxicated," a tavern owner can, in the exercise of reasonable judgment, determine whether a patron is "visibly intoxicated."
We must finally consider the consequences of imposing a duty upon the respondent. The argument made by the respondent is that the consequences of allowing an inebriate to state a claim would violate public policy and open the floodgates of litigation. We have already rejected the former argument. We are unpersuaded by the latter. As noted earlier, the General Assembly enacted legislation in 1985 and 1986 which effectively precludes a patron from suing a tavern owner. See §§ 12-46-112(1)(b), 12-47-128(1)(a), 5 C.R.S. (1985); § 12-47-128.5(3)(b), 5 C.R.S. (1988 Supp.). Thus the only cases which could pass through the floodgates are those which accrued prior to the statutory amendments and which are still within the applicable statute of limitations. We do not foresee this amounting to a flood of litigation. The consequence of imposing a duty in this case is to require the tavern owners to shoulder their share of the responsibility for their unacceptable actions. We do not impose strict liability on the owners. See Smith v. Home Light & Power Co., 734 P.2d 1051 (Colo. 1987). They are liable only if the plaintiff can prove that they acted in a manner that was unreasonable under the circumstances. Crespin, 727 P.2d at 1102.
It is our belief that under a traditional tort law analysis, the imposition of a duty in this case is both appropriate and required. See Smith v. City & County of Denver, 726 P.2d 1125. Accordingly, we hold that a tavern owner owes an intoxicated patron a duty of care not to serve that person alcohol.
2.
Proximate Cause
A defendant is not negligent if his or her act was not a proximate cause of the plaintiff's injury. Leake v. Cain, 720 P.2d 152 (Colo. 1986). A defendant proximately causes an injury when his or her w
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Colorado DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|