Bars Have Liability for Overserving
03/17/10 - 03:43 PM
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As local bars fill mugs with green beer in honor of St. Patrick’s Day, they must also take caution when it comes to overserving customers. One local bartender who knows how serving an overly intoxicated person can result in a lawsuit. Amber Brackett has served drinks for eight years, and knows all too well the warning signs of someone who is overindulging.

“Slurred speech, bloodshot eyes, I’ve seen people who have fallen out of their chair,” said Brackett.

While attempting to keep tabs on the customer’s alcohol intake, the pace of the drinking can change rapidly. “People will come in after a hard day’s work, and say that they want a double, and that starts to snowball into double after double. It really starts to catch up with you,” said Brackett.

When a person is visibly intoxicated, Brackett has the right to cut them off, but it’s not always easy. “Some people fight it, asking, ‘why are you doing this to me and why are you singling me out?’” explained Brackett.

“You’ll see a change in their behavior, perhaps more aggressive and violent,” explained attorney at law, Greg Remmenga.

The most dangerous part may come after the bar patron leaves the establishment.

“It is scary, plus you don’t know where they are going to go once you cut them off here,” said Brackett.

Under Colorado state law, if the bar establishment continues to overserve a person who is visibly intoxicated, they will be held legally liable.

“They get drunk, they could kill someone, and then the bar could end up being responsible for that person’s estate for the damage they caused,” explained Remmenga.

Even if you are not visibly intoxicated, your blood alcohol content may exceed the legal limit to drive.

“.05 is a lesser offense as a DWAI, but the person is still driving while impaired,” explained Remmenga.

Brackett says it’s best to pace yourself and know your limit.

For a safe and alternative ride home, the Sun Shine Taxi service in Grand Junction can be reached at 245-TAXI.

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