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Dramshop Laws in Connecticut, Colorado, Delaware, District of Columbia, and Florida

In this series, we’ll be discussing what dram shop is and what you need to know about the laws in your state.

Connecticut

If any person, by such person or such person's agent, sells any alcoholic liquor to an intoxicated person, and such purchaser, in consequence of such intoxication, thereafter injures the person or property of another, such seller shall pay just damages to the person injured, up to the amount of two hundred fifty thousand dollars, or to persons injured in consequence of such intoxication up to an aggregate amount of two hundred fifty thousand dollars, to be recovered in an action under this section, provided the aggrieved person or persons shall give written notice to such seller of such person's or persons' intention to bring an action under this section.

Such notice shall be given (1) within one hundred twenty days of the occurrence of such injury to person or property, or (2) in the case of the death or incapacity of any aggrieved person, within one hundred eighty days of the occurrence of such injury to person or property. Such notice shall specify the time, the date and the person to whom such sale was made, the name and address of the person injured or whose property was damaged, and the time, date and place where the injury to person or property occurred.

No action under the provisions of this section shall be brought but within one year from the date of the act or omission complained of. Such injured person shall have no cause of action against such seller for negligence in the sale of alcoholic liquor to a person twenty-one years of age or older.

Statue 30-102 (2019)

Colorado

No licensee is civilly liable to any injured individual or his or her estate for any injury to such individual or damage to any property suffered because of the intoxication of any person due to the sale or service of any alcohol beverage.

No social host who furnishes any alcohol beverage is civilly liable to any injured individual or his or her estate for any injury to such 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.

Statue 12-47-801

Delaware

Any licensee, or employee of a licensee, or person in charge of a licensed premises shall refuse to sell or serve alcoholic liquors to any individual if such individual is intoxicated or appears to be intoxicated.

Such licensee, employee of a licensee or person in charge of the licensed premises shall not be liable to any individual for damages claimed to arise from the refusal to sell alcoholic liquors if such refusal is based upon this section.

Section 4-706

Florida

A person who sells or furnishes alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury or damage caused by or resulting from the intoxication of such person.

Except that a person who willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age or who knowingly serves a person habitually addicted to the use of any or all alcoholic beverages may become liable for injury or damage caused by or resulting from the intoxication of such minor or person.

Statue 768.125

District of Columbia

The sale or delivery of alcoholic beverages to the following persons is prohibited:

  • A person under 21 years of age, either for the person’s own use or for the use of any other person;
  • An intoxicated person, or any person who appears to be intoxicated; or
  • A person of notoriously intemperate habits.

A retail licensee shall not permit at the licensed establishment the consumption of an alcoholic beverage by any of the following persons:

  • A person under 21 years of age;
  • An intoxicated person, or any person who appears to be intoxicated; or
  • A person of notoriously intemperate habits.

A licensee or other person shall not, at a licensed establishment, give, serve, deliver, or in any manner dispense an alcoholic beverage to a person under 21 years of age.

Statue 25–781

 

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Looking for dram shop laws in Alabama, Alaska, Arizona, Arkansas, and California visit our previous article.

Resource:

https://www.nolo.com/legal-encyclopedia/dram-shop-laws-and-social-host-liability-in-each-state

https://en.wikipedia.org/wiki/Dram_shop

https://www.investopedia.com/terms/d/dram-shop-laws.asp#citation-1

 

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