4 Things to Know About Dram Shop Liability in Kentucky
We all understand that drunk driving creates a serious risk of injury or death to innocent people. Indeed, the Kentucky Safety Cabinet Office of Highway Safety reports that 17 percent of all highway-related fatalities in the state are caused by a drunk driver. Even in non-fatal cases, drunk driving accidents can leave victims with permanent and horrific injuries from which they never fully recover.
A question we often get with respect to drunk driving accidents is whether the person or business that served the driver can be held legally responsible in a personal injury lawsuit. The answer to this question involves understanding Kentucky’s dram shop laws. Here are a few basic things you need to know about this area of the law.
- Drunk Drivers Are Always Responsible for Their Actions
As a general legal rule, a person is legally responsible for the consequences of their own decision to drink and drive. Kentucky law makes this explicit, stating that it is the “consumption of intoxicating, rather than the serving, furnishing, or sale of such beverages,” which is the “proximate cause” of any personal injury to a third party by the drunk driver.
- There Is Limited Liability for “Dram Shops”
The term “dram shop” is a reference to a unit (i.e., a “dram”) once used to measure alcohol sold commercially. In modern parlance, a dram shop is any business licensed to sell alcohol, such as a bar or restaurant. While the general rule discussed above normally protects these businesses from third-party personal injury claims, there is a narrow exception for cases where a licensed establishment serves a person who “is already intoxicated at the time of serving.” In other words, if a bar serves a customer who is already visibly drunk, and that customer goes on to cause a car accident, the victims could sue and recover damages from the bar as well as the customer.
- The “Reasonable Person” Standard
Obviously, a bar or restaurant is not going to administer a Breathalyzer to every patron to make sure they are not already too drunk to drive. Kentucky’s dram shop law therefore states that when determining if a patron is “already intoxicated,” the standard is that of a “reasonable person” who would know or should know “under the same or similar circumstances” that the patron is drunk. In other words, if a bartender sees a patron slurring their speech and unable to walk without stumbling, they can reasonably assume that person is “already intoxicated” and should not be served any more drinks.
- Social Hosts Are (Mostly) Not Responsible
Some states extend dram shop liability to “social hosts,” i.e., people who furnish alcohol to guests in their home or another social setting that is not a commercial establishment. Kentucky’s dram shop law only covers businesses licensed to serve alcohol. So in most cases, a social host cannot be sued if one of their guests gets drunk and causes a car accident. There is an exception, however, if a social host serves minors–anyone under the age of 21–or simply allows minors to consume alcohol on their property. Similarly, a licensed establishment can also be held liable if they serve any underage drinker who subsequently injured someone else.
Contact a Madisonville Dram Shop Liability Attorney Today
Following any drunk driving accident, it is important to identify and hold accountable anyone whose negligent or reckless actions contributed to a victim’s injuries. Contact the Madisonville drunk driving accident lawyers at Whitfield Crosby & Flynn today to schedule a free consultation. We have offices in Madisonville, Kentucky; Chattanooga, Tennessee; and Indianapolis, Indiana.
Source:
apps.legislature.ky.gov/law/statutes/statute.aspx?id=42540
