QUESTION
What other actions can the bar be held accountable for?
Asked on Dec 10th, 2012 on Criminal Law - Colorado
More details to this question:
If someone gets drunk at a bar, drives and hits and kills someone, the bar can be held responsible. If someone gets drunk at a bar and walks to the 7-11 and holds it up, can the bar be held responsible then, too?
5 ANSWERS
Michael J. Breczinski
Probably not but it depends on the circumstances. The OUIL has the drinking as an integral part of the crime and is foreseeable by the bar. The armed robbery does not have drinking as part of the crime and is less foreseeable.
Answered on Dec 14th, 2012 at 1:58 AM
John J. Carney
The bar might be liable under the Dram Shop Act for someone who kills a person while driving drunk if they served him after he was intoxicated. The bar would not be liable if he robbed a store unless he injured someone while escaping in a car due to his intoxication.
Answered on Dec 14th, 2012 at 1:26 AM
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Under the innkeeper's acts, it is common for a bar to be potentially liable for the injuries caused by serving and intoxicated individual. However, that such individual commits an intervening intentional criminal act would generally not give rise to a liability to the innkeeper.
Answered on Dec 12th, 2012 at 4:08 PM
In Colorado, it is highly unlikely a bar would be found accountable for a separate robbery committed by a patron after drinking for two reasons: 1) the commission of a serious crime such as a robbery, including an underlying purpose of a theft, breaks the chain of causation between the crime and the bar's conduct; 2) bar liability in Colorado based upon a statute in which the legislature specifically stated bars may have liability if the serve someone who is too drunk and that too drunk person commits a DUI with injuries. There is no such statute regarding serving alcohol that enables patrons to have the courage (or stupidity) to commit other criminal offenses.
Answered on Dec 12th, 2012 at 1:27 PM
James Edward Smith
No. The bar can't be responsible for robberies a drunk commits.
Answered on Dec 12th, 2012 at 1:27 PM