Accountability for shootings resulting in death in a residential home.
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My friend was one of 4 teens that were drinking in the home. The home The teens had access to firearms. After passing around playing with it, it went off, A child was accidentally killed and the parents need to be held accountable. If the parents had been doing their job checking in on their teenager, this terrible accident would not have happened. Tip toeing around the family and not wanting to charge them because of their loss is unethical. Although they lost their child they should pay for their irresponsibility. It could have been any of the 4 kids shot... ALCOHAL TEENS AND FIREARMS DO NOT MIX Let’s make a change. Parents who neglect to take care of their teenagers in their own home, need to be accountable for their actions. Hold Home Owner/renter Gun owner and or parents accountable for tragic shootings resulting in death that happened in their own home.
Colorado Social Host Liability and Underage Drinking
February 15, 2017
It is something that has happened for generations. Kids and their friends sneak into their parents’ liquor cabinets and drink their alcohol. In some cases, some parents even provide alcohol for their kids and their kids’ friends. Many parents believe that as long as the kids are being responsible and staying in, it is better to have them drink at home with their friends than risk drinking and driving. However, issues arise when one of those kids decides to leave while intoxicated and injures him or herself or another person. In such cases, parents that provided alcoholic beverages to the minor that caused injury could be held civilly liable for damages related to the injury.
The Social Host Liability Law
Most people are familiar with the basic idea of a dram shop law. A dram shop law, which most states have, is a law that makes a business that sells alcoholic beverages to someone that is obviously intoxicated liable for damages that result from doing so. Colorado’s dram shop law, found in C.R.S. §12-47-801, not only covers business that sell alcohol but also includes provisions that cover social hosts. The applicable language of the statute from subsection 4(a) is:
“No social host who furnishes any alcohol beverage is civilly liable to nay injured individual or his or her estate for any injury to such individual or damage to any property suffered, including action for wrongful death, because of the intoxication of any person due to the consumption of such alcohol beverages, except when it is proven that the social host knowingly served any alcohol beverage to such person who was under the age of twenty-one years or knowingly provided the person under the age of twenty-one a place to consume an alcohol beverage.”
Other provisions within the statute require any civil suit filed under to be commenced within one year of an injury and limit damages to $150,000.
Basically, this means that if you provide alcohol to a minor or provide minors a place in which to consume alcohol and one of the minor injures or kills another or damages the property of another while intoxicated from the consumption of alcohol, you can be held liable for injury to a third person or damages to property. Provisions within the law prohibit the estate of the minor that caused injury or damage from seeking any compensation from you, but the family or estate of a minor’s victim may do so. So, you can be held liable for damages resulting from a minor that receives a DUI after you have provided that minor with alcohol or a place to consume alcohol.
Under Colorado law, a social host may not be held liable for injuries caused by an adult who is 21 or older, even if the host continued to serve alcohol after the adult became visibly intoxicated. However, a social host may be held liable for injuries caused by a minor if the host knowingly served alcohol to the minor or knowingly provided a place for the minor to drink alcohol.
Here's an example of Colorado's social host liability at work. Suppose that Hannah, the host, throws a pool party at which she serves beer. Among her guests are Adam, an adult friend from work, and Minnie, Adam's 15-year-old daughter. Although Adam drinks several beers and becomes visibly drunk, Hannah continues to give him drinks. During the party, Hannah sees Minnie raiding the beer cooler and then disappearing into the basement, but she says nothing. Later that night, Adam and Minnie are running across the pool deck when they bump into Pat. Pat falls down the deck stairs and is injured.
In this situation, Pat cannot file a dram shop case against Hannah for the injuries Adam caused. Even though Adam was visibly drunk, he was also an adult, and social hosts cannot be held liable when they serve alcohol to adults who then cause injury. However, Pat may have a dram shop claim against Hannah for the injuries caused by Minnie, because Minnie is a minor and Hannah provided Minnie with alcohol and a place to consume it.
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