VanMeveren Law Group June 2017

VanMeveren Law Group June 2017

(970) 495 - 9741 • www.vanmeverenlaw.com Foundations 9 7 0

June 2017

Who Is Liable When an Intoxicated Person Harms Someone Else? The Burden of Responsibility

T he Coloradoan recently chronicled the 30-year anniversary of College Days at Colorado State University. As it happened, College Days was officially cancelled in 1987, the same year I graduated from the University of Wyoming. Yes, I was one of the out-of-town revelers who descended from Laramie to Fort Collins with one goal in mind: PARTY! I was never quite sure what we were celebrating and never understood the origins of College Days, but I was always grateful to survive what typically unraveled from a party at an apartment complex just west of CSU’s campus to a major riot where students were often injured or arrested. Back then, it was an eerie, unregulated time around colleges. Gone were the days of civil rights and anti-war protests. Students seemed to be rioting for the sake of rioting because that’s what we had been taught by former generations, but there was a lack of purpose to it. The combination of an ambivalent attitude toward alcohol abuse and a drinking age of 18 (for 3.2 beer) seemed to contribute to a number of tragic alcohol related events on college campuses in the 1980s. Fortunately, a crackdown on drunk driving, the growth of groups like Mothers Against Drunk Driving, and an increase of the drinking age to 21, served as positive steps toward heightened awareness of the dangers of alcohol abuse. But tragic events still happen when alcohol and poor planning are combined. Sadly, alcohol abuse continues to be a serious issue, and not just with college kids, but adults, as well. At VanMeveren Law Group, we’ve seen firsthand the life-changing impact a night of excessive drinking can have on our clients. Injured clients frequently come to us, describing an unfortunate incident that occurred at a bar, a party, in a motor vehicle, and even on a bike. Typically, there are two involved parties in alcohol-related incidents: the injured party, or the plaintiff, and the person who caused the harm, or the defendant. But in the case where alcohol is served to a visibly intoxicated person or to a minor, there may be an additional defendant, namely the bar owner or you, the social host. Colorado’s law, spelled out in C.R.S. § 12-47-801, states that bar owners and liquor retailers may be liable for selling or providing alcohol to a visibly intoxicated person or to a minor who then causes injury to another. The financial implications for us, the average homeowners, can be quite severe. While we may not be liable as homeowners for over-serving an adult, we will be liable for knowingly serving a minor or providing a place for a minor to drink, should that minor then cause harm to someone else.

With graduation parties and summer pool parties in full swing, here’s an example of what could occur. Let’s say you’re hosting a barbecue with friends and family. One of your guests brings his 15-year-old daughter, Amanda. You notice Amanda drinking the beer that you provided for the adults. You’re uncomfortable with the situation, but you don’t say anything. Later that evening, Amanda sneaks out of the party, takes her dad’s car, and hits a pedestrian.

Because you provided the alcohol and a place to consume it, you could be liable for the pedestrian’s injuries. How can you protect yourself?

First, talk to the adults and make sure they’re on the lookout for kids who may be trying to sneak an alcoholic drink. Keep the alcohol in one place, closely monitored by an adult. For a busier party, hire a server to be the exclusive provider of drinks for your guests. Finally, make a periodic sweep of your property and make sure kids haven’t taken alcohol to a secluded area in the house or around the property. To top it all off, carry a solid homeowners policy, as well as a liability umbrella policy. While we all hate to be that authority figure at our parties who shuts down the drinking, it’s important to protect our guests, innocent bystanders, and ourselves from the often-tragic consequences of excessive alcohol consumption. While a large institution like CSU can weather the storm following the damage caused by inebriated individuals, the costs for the average homeowner can be devastating — and in more ways than one. If you want to discuss this important topic in more detail or would like a complimentary review of your insurance coverage, don’t hesitate to give us a call. We are always here to answer your questions or talk about concerns you may have.

~ Bryan VanMeveren

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Drink Hacks to KEEP YOUR BEVERAGE

If you have more time to plan, this hack will keep your drink cold for longer. Ice doesn’t fit in a bottle, and freezing your beer or other beverage will get you to Slushy Town in a hurry. Fill an empty bottle about halfway, put the cap on, and place it in the freezer on its side . When it’s frozen, pour your favorite beverage inside — the ice from top to bottom will keep the contents cool on the go. Bonus Hack : This has nothing to do with the sun, but is still a neat way to make drinking your beverage easier. If you go fancy and use a straw when you drink from a can, you know how hard it is to get the straw to stay put. Spin the can’s tab around and feed the straw through it . Now you’ll have a well-behaved straw that doesn’t shift around when you need it to be there for you. The sun is hot, and the summer is long. You need the comfort of a cool beverage to help you get through it. Keep cool, wear sunscreen, and have fun!

temperature at best , right? Patience is a virtue, but there’s nothing wrong with accelerating the process. Fill a bowl with ice water and add a teaspoon of salt, then submerge a can of soda in the bowl . This process will cool your drink more than twice as fast as just putting it in the freezer. This other example requires less work, but it takes more freezer space. And if you’re like the rest of us, your freezer is pretty packed in the summer! Wet a paper towel and wrap it around a bottle or can before you place it in the freezer . The contents inside will cool much more quickly.

The sun is summer’s greatest ally — and greatest enemy. For every sun-soaked day at the beach, there are sunburns trying to ruin the party. For every excuse to drink an icy beverage, the sunshine’s more determined to keep the drink from staying cool. These hacks will allow you to enjoy the benefits of the summer sun without the side effect of a warm beverage. First, let’s say you just got home from the grocery store where you purchased a 12-pack of your favorite soda. You’re thirsty and it’s room

TheVanMeverenTeamGrows!

Meet Matt Fermelia

W e are pleased to introduce the newest addition to the VanMeveren Law Group team: Matt Fermelia. He joins us as a trial attorney specializing in personal injury and wrongful death matters. He is passionate about helping folks who simply need good legal advice.

Matt has been practicing law since 1986, after getting his start as a staff attorney with the Wyoming Supreme Court. From there, he worked with a number of firms, including his own. He is also certified through the California, Wyoming, and Colorado State Bars. Outside of the office, Matt maintains an active lifestyle. At every opportunity, you’ll find him spending time in the great outdoors, biking, hiking, running, or golfing, just to name a few.

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From the Runway to Fort Collins

Find True Style at Tula

Who says the fashion industry only lives in New York or Paris? Since 2002, Kate Hannah has brought cutting-edge styles to Fort Collins, Colorado, with her designers boutique, Tula. While fast fashion drowns the market with cheaply- made designs that fall apart on the second wear, Tula prides itself on fashionable trends designed to last a lifetime — or until you decide it’s time for a new look. This contemporary women’s clothing boutique offers the highest quality brands, and the diverse range of styles mean they are able to help every shopper find something new to match their unique tastes. Alongside Cinq a Sept, Raquel Allegra, and other labels brought in straight from New York City and Los Angeles, Tula is also home to Fort Collins’ collaborative label, ELIZABETH. Handcrafted right in Fort Collins, Kate Hannah designs the

collection with Anabella Poletti of AP Design House. These extraordinary three-piece gowns can be worn several different ways. No two designs are completely alike, and they match the individuality of the women who shop at Tula. Hannah and the Tula’s team do more than just help Fort Collins dress great; they actively participate in nonprofit benefits throughout the community. Their work contributes to the local Crossroads Safehouse; nearby schools, including Harris and Laurel Elementary and Colorado State University; and other outreach programs, like Respite Care, McDonald’s Family Foundation, and the Susan G. Komen Breast Cancer Research Center. Browse through the Tula inventory at shoptula. com or get the full experience when you visit the boutique in person at the heart of Old Town, Fort Collins.

SUMMER SALAD Sensational

It’s officially the season of salads, and fruit salads are summer’s specialty! Enjoy this tasty dish as a side or main course. For some added protein, toss in a handful of slivered almonds or chopped pecans.

Ingredients •

1 pound strawberries, thinly sliced 3 medium peaches, thinly sliced

• • •

2 tablespoons lemon juice 1 tablespoon maple syrup 2 teaspoons balsamic vinegar

• • •

1 cup blueberries

1 heaping tablespoon fresh basil or mint, chopped

Directions 1. In a medium serving bowl, combine the strawberries, peaches, blueberries, and basil. 2. Drizzle lemon juice, maple syrup, and balsamic vinegar on top.

3. Gently toss to combine. 4. Serve immediately, or chill for later.

(Recipe inspired by CookieAndKate.com.)

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Inside

THIS ISSUE

The Burden of Responsibility Page 1

4 Drink Hacks to Keep Your Beverage Cool Page 2

Meet Matt Fermelia Page 2

True Style Lives at Tula Page 3

Sensational Summer Salad Page 3

A Celebration of the Northern Colorado Lifestyle Page 4

CELEBRATE THE NORTHERN COLORADO Lifestyle in June Taste of Fort Collins June 9–11, times vary

The 28th Annual Colorado Brewers’ Festival June 23–25, 5–9 p.m. Washington Park & Civic Center Park Fort Collins, CO 80521 If you love a good craft beer, you won’t want to miss the 28th Colorado Brewers’ Festival. The weekend kicks off with The Summit at Colorado Brewers’ Festival on June 23. Explore the many beverages our local brewers have to offer. Like the Taste of Fort Collins, the Brewers’ Festival celebrates the northern Colorado lifestyle, telling the story of 40-plus local breweries, one pint at a time. The festival is free to the public. Be sure to check downtownfortcollins. com/events/colorado-brewers-festival for more information and updates.

Firekracker 5K July 4, 7:30 a.m. to 12 p.m. City Park 1500 WMulberry St. Fort Collins, CO 80521

Civic Center Park 225 LaPorte Ave. Fort Collins, CO 80521

What could be better than spending an entire weekend enjoying food, drink, and music, all of which come together to celebrate our unique northern Colorado lifestyle? From Friday, June 9, through Sunday, June 11, you can do just that. Grab a bite to eat at one of the many vendors, pair it with a beverage from Odell Brewing Co. or New Belgium Brewing, and kick back and listen to the tunes of the Plain White T’s (Friday, June 9), St. Lucia (Saturday, June 10), and Gin Blossoms (Sunday, June 11), just to name a few. For more on the Taste of Fort Collins, including schedules and pricing, be sure to visit tasteoffortcollins.com .

Celebrate Fourth of July with a run (or a walk or jog) through City Park. The Firekracker 5K is open to all ages and abilities. Race day registration begins at 6:15 a.m., with various races set to begin throughout the morning. To register ahead of the race, head to firekracker5k.com . There, you’ll find a complete schedule of events, as well as a complete breakdown of what to expect. Then, check back after the race for a list of race results.

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