Is a tavern liable for a patron that engages in drunk driver injuring others?

In Colorado, a bar may be liable to a person that is injured (or to a person’s family if the accident is fatal).  To recover, in general, the injured party must demonstrate that the tavern willfully and knowingly sold or served alcohol to a visibly intoxicated person or to a minor.  C.R.S. § 12-47-801. The statute of limitations is generally only one year from the date of the accident.  C.R.S. § 12-47-801.

Experienced. Ethical. Intelligent. Personable. Law One.

If I am in an auto accident with a city, county, or state worker and they are at fault, can I make a claim against the city, county, or state?

In general, a governmental employee has immunity for all claims which could lie in “tort”. However, a claim can be made against a public entity, if the employee of the public entity is operating a motor vehicle owned or leased by a public entity, and that employee while driving is acting in the scope of employment. C.R.S. 24-10-106. There are some exceptions for emergency vehicles in some circumstances.

Injured by a motor vehicle driven by a city, county or state vehicle? Call Law One.

Experienced. Ethical. Intelligent. Personable. Law One.

Joseph Elio

Law One

1444 Blake Street

Denver, CO 80202

303.831.8313

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If I file a lawsuit to recover damages for my medical bills and other damages that I suffered in my car accident, and I proceed to trial, will the jury know that the other driver is insured (and that the other driver will not have to come out of pocket if the jury awards damages)?

In Colorado, damages are to be determined without reference to the defendant’s ability to pay, including the consideration of whether the defendant has liability insurance. Evidence of insurance is inadmissible evidence to show that a person acted negligently or otherwise wrongfully. CRE 411.

In some rare, limited circumstances, evidence of insurance may become admissible if such evidence of insurance is offered for some limited purposes, for example to show ownership of a vehicle, or bias of a witness.  However, in my experience, insurance companies zealously protect the jury from becoming aware that the defendant is fully insured.

Experienced. Ethical. Intelligent. Personable. Law One.

Happy New Year! We’d like to thank all of our followers for so much support throughout 2019, and hope that the new year and new decade bring more positive and unforgettable moments.

A few weeks ago, we posted a list of some of our favorite law-related podcasts, including Legal Toolkit and Lawyer 2 Lawyer. Continuing that theme, we would like to take this opportunity to put the spotlight on some of our favorite blogs that tackle legal issues from advertising and misleading consumers to social media law.

Socially Aware

With the 2010s coming to a close, it’s hard not to see just how social media has shaped an entire decade. Along those lines, it’s been quite an experience to examine just how the law is changing around the rapidly evolving social media landscape. Socially Aware acts as a go-to hub of information on social media law, with analysis on Instagram ad copyright issues and the complexities of content curation.

The Legal Geeks

If you’re looking for something you won’t find on your standard law blog, you’ll want to visit the Legal Geeks website. With legal analysis of episodes of popular shows such as The Mandalorian and questions such as “Does Thor Working With the U.S. Government Violate the Establishment Clause?” answered, fans of all things sci-fi and law will definitely find some entertainment.

Financial Panther

Student loans can be extremely daunting for any recent law school graduate. However, Kevin Ha had a strategic approach to his debt and wants to share his stories […]