Do you know of any law cases that have held condominium boards or associations liable for the consequences of accidents that have occurred by persons having been served alcohol at condominium parties?

Colorado does not have any case law that directly addresses the liability of a condominium association when a third party suffers injuries from the actions of an intoxicated individual served alcoholic beverages by the association. However, section 12-47-801 of the Colorado Revised Statues apportions liability in situations in which intoxicated individuals cause injury to another’s person or property after being served alcoholic beverages.

Generally, the statute imposes liability on “social hosts” (meaning that no fee is charged for the alcoholic beverages) for damages resulting from the intoxications of a person under the age of 21 when the social host or its agent willfully and knowingly served alcohol to the underage person. If alcoholic beverages are sold, different “licensee” rules apply. A licensee must be licensed by the state to sell alcohol, and will be liable under the statute for damages resulting from the actions of an intoxicated individual if the licensee willfully or knowingly served or sold alcohol to a person under the age of 21 or to a visibly intoxicated person. 

Additionally, liquor liability insurance is often available to safeguard an association from liability if it chooses to serve alcoholic beverages at an association sponsored event.

Community  Essentials - January  2005