Legal Question in DUI Law in Colorado

Hello

I know an owner of an 8-unit apartment rental house, in Denver, CO.

The owner has a friend, who sadly, is a pretty hard core alcoholic. The friend has about 6 cans of beer for breakfast, and then begins his day to start drinking even more.

Recently, the owner, hired his friend to mow the lawn at said apartment rental house. Friend arrives about every 10 days or so at apartment house, in his car already basically intoxicated, proceeds to mow lawn while having another couple of beers, and then drives away. Mowing the lawn isn�t more than about 90 minutes at most.

I informed the owner of his friend�s drinking, and even thought that the owner could be liable for damages if they happen while his friend is driving to/from mowing the lawn. The owner states that he is not responsible for any actions of his friend�s driving.

Who is correct here? Could the owner be liable for any damages created by his intoxicated friend if there are any damages caused while driving to/from cutting the lawn?


Asked on 6/16/13, 12:29 pm

1 Answer from Attorneys
Damon Cassens Waters, Kubik, and Cassens

Assuming the friend is not an employee, and an independent contractor, typically there is no liability for the friend driving to and from his job.

Now if he hurts himself of someone else while mowing, and the owner knows the friend is ploughed, that is a different story. There is potential liability there.

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Answered on 6/17/13, 5:23 am


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