How Do Kentucky Dram Shop Laws Work?

When accidents happen due to intoxication, it is essential to consider how much alcohol a person consumed, where it came from, and whether anyone else could have prevented this incident from occurring.

In Kentucky, dram shop laws provide victims of serious accidents with a way to seek compensation against those who could have prevented the incident.

A knowledgeable Lexington drunk driving accident attorney can help victims understand their legal rights, investigate the circumstances of the crash, and pursue claims against both the impaired driver and any establishment or individual who may have contributed to the dangerous situation.

Dram Shop Liability Laws

A business that serves alcohol in return for payment holds some responsibility for those who drink there and their actions. This includes locations such as restaurants and bars. That is, dram shop laws apply civil liability to the business that serves alcohol to someone who then goes on to cause harm to another.

Under Kentucky dram shop laws, the establishment could be held accountable for the actions of the patron if it is reasonably clear that the party was drunk.

If a bartender serves alcohol to someone who they can see is drunk, that bartender and the establishment they work for could be held liable for the actions the person takes. This includes liability for any property damage, injuries, or death caused by the patron.

How to Establish a Location Is Liable

The complexity in this situation is demonstrating that the location should have realized the patron was intoxicated. There are times when someone is clearly intoxicated, such as when they are stumbling or cannot speak coherently.

If someone serves a person with obvious indications of alcohol intoxication, that is a clear indication of liability.

There are several steps that your drunk driving accident lawyer can take to demonstrate that the establishment should have known that a person was over-served alcohol:

• Gather witness information that clarifies what occurred and provides insight into what the patron was doing prior to leaving the location.
• Using security camera footage to demonstrate that the waitress or other party should have been able to see the intoxication signs.

It is important to consider the full picture. For example, not everyone is intoxicated after a few drinks. However, if a reasonable person would assume that the patron has had too many drinks and continues to be served alcohol, the party could be liable.

What an Establishment Could Do

In situations where a person requests alcohol, the location is responsible for ensuring the person is of the legal age to drink. If they serve one or two drinks, and the person seems fine, and shows no indication of intoxication, it may be challenging to prove that the establishment could be negligent.

If the location continues to serve alcohol after there are visible signs of intoxication – especially if they know that person is going to get behind the wheel of a car – then they could be held accountable for the actions of the individual.

In these situations, it is always important for you to seek legal guidance to ensure your rights to compensation are met.

What Your Rights Are in a Dram Shop Violation

When another establishment could be held accountable for your losses, seek the guidance of our legal team at Gary C. Johnson P.S.C.

We will gather the data and build a case that demonstrates who is at fault and who should have taken action to prevent this incident from occurring. We offer free consultations to help you learn about your rights.