Sam Aguiar Injury Lawyers is your trusted source for legal representation in Lexington personal injury cases. Our firm advocates for victims injured by negligent alcohol service by bars, restaurants, and other establishments.
With a deep understanding of Kentucky’s dram shop laws and a committed team of skilled Lexington injury attorneys, we dedicate ourselves to holding those responsible accountable for their actions. At Sam Aguiar Injury Lawyers, we combine aggressive legal strategies with compassionate client care, ensuring your case is handled with the utmost attention and professionalism.
Whether you or a loved one has suffered due to the irresponsible service of alcohol, our Lexington dram shop liability lawyers are here to guide you through every step of the legal process, fighting tirelessly to secure the compensation and justice you deserve. Contact us today for your free consultation.
Why Choose Sam Aguiar for your Lexington Dram Shop Claim
Choosing Sam Aguiar Injury Lawyers for your Lexington dram shop claim entrusts your case to a team renowned for its dedication, deep understanding of Kentucky’s dram shop laws, and a client-first approach. Our commitment to each client matches our firm’s proven expertise. We fight tirelessly to get our client’s maximum compensation. Our firm’s Bigger Share Guarantee® assures that after the case settles, our client gets more than us from their settlement. We let our impressive track record speak for itself, including securing an $850,000 settlement in a dram shop case.
With the resources to conduct thorough investigations and a team equipped to litigate when necessary, choosing Sam Aguiar Injury Lawyers means partnering with a firm dedicated to providing you with the best outcome under Kentucky’s dram shop laws.
How a Lawyer Approaches a Dram Shop Liability Claim
Our accident lawyers in Lexington handle dram shop liability claims strategically to establish the negligence of establishments serving alcohol. We use thorough investigation, expert collaboration, legal knowledge, and persuasive advocacy to fight for you.
First, we will evaluate your case’s specifics, including the circumstances of the incident and the extent of your injuries. We’ll gather and analyze evidence, such as eyewitness accounts, surveillance footage, and receipts, to prove the establishment served alcohol to an obviously intoxicated person or a minor.
Our lawyers will collaborate with experts in fields such as toxicology to establish intoxication levels and causation. Understanding local and state dram shop laws is crucial, as these regulations vary and dictate the legal responsibilities of establishments serving alcohol. Negotiations with insurance companies form a significant part of the process, where we will fight for a fair settlement covering all of your damages, including medical costs, lost income, and pain and suffering. If no adequate settlement is offered, we are prepared to litigate your case before a judge or jury to ensure justice.
Dram Shop Liability Law
Lexington’s dram shop liability is codified in KRS 413.241:
“The General Assembly finds and declares that the consumption of intoxicating beverages, rather than the serving, furnishing, or sale of such beverages, is the proximate cause of any injury, including death and property damage, inflicted by an intoxicated person upon himself or another person. (2) Any other law to the contrary notwithstanding, no person holding a permit under KRS Chapters 241 to 244, nor any agent, servant, or employee of the person, who sells or serves intoxicating beverages to a person over the age for the lawful purchase thereof, shall be liable to that person or to any other person or to the estate, successors, or survivors of either for any injury suffered off the premises including but not limited to wrongful death and property damage, because of the intoxication of the person to whom the intoxicating beverages were sold or served, unless a reasonable person under the same or similar circumstances should know that the person served is already intoxicated at the time of serving. (3) The intoxicated person shall be primarily liable with respect to injuries suffered by third persons. (4) The limitation of liability provided by this section shall not apply to any person who causes or contributes to the consumption of alcoholic beverages by force or by falsely representing that a beverage contains no alcohol.”
What this means is that a claim can be brought against an establishment if it can be proven that (i) the establishment sold or provided alcohol to a person who was already intoxicated at the time of purchase or service, and (ii) the consumption of alcohol was a proximate cause of the injury, death, or damage that ensued. The plaintiff must demonstrate that the establishment’s actions directly contributed to harm. It’s important to note that Kentucky’s approach allows for some level of shared liability, meaning that both the intoxicated individual and the alcohol-serving establishment can be found partially at fault.
Proving a Dram Shop Liability Claim
Proving a Lexington dram shop liability claim in Lexington involves demonstrating that an alcohol-serving establishment, such as a bar or restaurant, negligently served alcohol to an individual who was either visibly intoxicated or under the legal drinking age, leading to an incident that caused injury or damage. The following elements must be met:
- Establishment of Duty: The first step is to prove that the establishment had a legal duty not to serve alcohol to someone who was visibly intoxicated or to minors. This duty is defined under KRS 413.241.
- Breach of Duty: Evidence showing that the establishment breached its duty must be presented. This involves proving that the establishment served alcohol to a person who was visibly intoxicated at the time they were served or to a minor. Surveillance footage, witness statements, and receipts can be critical in establishing this breach.
- Causation: It must be demonstrated that the breach of duty (serving alcohol to an intoxicated person or a minor) directly led to the subsequent harm. This means showing that the intoxication was a proximate cause of the accident or injury. The link between the serving of alcohol and the occurrence of the injury must be clear and direct.
- Damages: Finally, the claim must include specific damages that resulted from the incident. This can include medical expenses, lost wages, pain and suffering, property damage, and other related costs. Documentation and expert testimony can help quantify these damages.
Proving a dram shop liability claim in Lexington requires a comprehensive understanding of the legal standards and the case’s specific facts. Collecting robust evidence and presenting it effectively are key to establishing the establishment’s liability.
Heightened Duty for Minors in Dram Shop Liability Claims
In Lexington, establishments serving alcohol bear a heightened duty of care, especially when it comes to preventing the service of alcohol to minors. While this includes checking IDs, it also requires comprehensive staff training to identify fake IDs and recognize any signs that an individual may be underage and attempting to purchase alcohol.
When an establishment neglects this duty, and a minor subsequently causes harm to themselves or others due to intoxication, the legal ramifications can be significant. This heightened duty of care underscores the serious responsibility alcohol-serving establishments have in safeguarding the community from the potential dangers associated with underage drinking.
Contact Our Lexington Lawyers Today
If you or a loved one has been affected by an establishment’s failure to adhere to alcohol-serving regulations, contact our Sam Aguiar Injury Lawyers team. Our Lexington lawyers are deeply committed to holding those responsible accountable and securing the compensation you deserve.
With extensive experience in navigating the complexities of dram shop claims, our team is equipped to advocate vigorously on your behalf, ensuring your rights are protected every step of the way. Don’t let the negligence of alcohol-serving establishments go unchallenged.
Contact Sam Aguiar Injury Lawyers today for a consultation. Let us help you pursue justice and the recovery you need to move forward.