A night out can take a tragic turn due to over-service of alcohol.
At Sam Aguiar Injury Lawyers, we are always ready to navigate the complexities of Dram Shop liability.
Definition and Purpose
Dram Shop Liability is a legal provision under Kentucky law that holds alcohol-serving establishments (such as bars, restaurants, and liquor stores, etc) accountable for injuries caused by their patrons if it can be proven that the establishment sold or served alcohol to an intoxicated person or a minor who subsequently causes harm to others.
Under KRS 413.241, a claim can be brought against a vendor if the vendor negligently provides alcohol to someone who is either visibly intoxicated or under the legal drinking age.
That individual’s intoxication directly leads to an accident or injury.
Dram shop laws are designed to promote responsible alcohol service and consumption by creating a deterrent against the over-service of alcohol and the service of alcohol to minors.
It underscores the idea that establishments have a duty of care not only to their patrons but also to the public, who might be affected by the actions of a drunk driver or an intoxicated person.
Limited Liability for Licensed Sellers
Under Kentucky Revised Statutes § 413.241, licensed sellers or servers of alcohol are generally not liable for injuries caused by an intoxicated person off their premises, unless certain conditions are met.
The law places primary responsibility on the intoxicated individual for any harm they cause.
When Liability Applies
A business may be held liable if:
They serve alcohol to someone they knew or should have known was already intoxicated at the time of service.
They serve alcohol to a minor (under the legal drinking age), regardless of visible intoxication.
Signs of Intoxication
Servers are expected to recognize obvious signs of intoxication, such as slurred speech, unsteady movement, or incoherent behavior.
Statute of Limitations
Any dram shop claim in Kentucky must be filed within one year of the injury.
Damages
If liability is established, damages may include compensation for medical bills, lost wages, property damage, pain and suffering, and possibly punitive damages.
Why a Dram Shop Liability Lawyer is Needed
Hiring a Dram Shop liability lawyer is indispensable for navigating the complex legal landscape of Dram Shop claims.
Proving an establishment’s responsibility for damages caused by over-served patrons requires particular knowledge.
Experienced attorneys will meticulously investigate the incident, gathering crucial evidence such as surveillance footage, witness statements, and alcohol service records to build a compelling case.
At Sam Aguiar Injury Lawyers, we understand the nuances of Kentucky’s dram shop laws and how to demonstrate an establishment’s breach of duty in serving alcohol to an intoxicated person.
Beyond evidence collection, our skilled lawyers will adeptly negotiate with insurance companies, ensuring victims are not shortchanged and receive full compensation.
We will maximize your potential outcome and provide the support and advocacy necessary to navigate the claim process smoothly.
We want you to focus on recovery while our lawyers handle the legal complexities.
Common Types of Dram Shop Claims
Dram Shop liability claims arise under specific circumstances where alcohol-serving establishments can be held accountable for damages caused by their patrons.
Understanding the common types of these claims can help victims and their families recognize when they might have a valid legal case.
Here are the two common scenarios that often lead to dram shop liability claims:
Drunk Driving Accidents
One of the most frequent types of dram shop liability claims occurs when an individual is over-served alcohol at an establishment and then causes a motor vehicle accident.
If the driver was visibly intoxicated at the time they were served more alcohol and subsequently injured someone while driving, the establishment could be held liable for the damages.
Assaults and Fights
Establishments can also be held liable for injuries resulting from fights or assaults if it can be shown that the aggressor was over-served alcohol.
In situations where alcohol consumption exacerbates aggressive behavior, the establishment’s role in continuing to serve a visibly intoxicated patron can be scrutinized.
Added Scenario: Serving Minors
Dram shop liability claims also encompass situations where alcohol is served to minors, leading to an accident or injury.
Under KRS 244.085, the sale of alcohol to individuals under 21 is prohibited, and establishments violating this law can be held liable for resulting damages.
Choose Sam Aguiar Injury Lawyers
Choosing Sam Aguiar Injury Lawyers for your dram shop liability claim means partnering with a firm that combines dedication with legal experience.
Our attorneys take pride in our strategy, focusing on consistent communication and honest case assessments.
Substantial settlements highlight our proven track record and showcase our ability to deliver results.
Call us at (502) 888-8888 to get started.
