Planning to host a Christmas or New Year’s Eve bash this year?
If you are serving alcohol, there are a few things you need to consider. Furthermore, if you work as a professional bartender in an establishment or you rent your services for private affairs, you also have legal considerations when it comes to allowing party guests to leave intoxicated.
Contact Gladstein Law Firm, PLLC
online or by calling 502-791-9000.
Does Louisville, Kentucky, Use Dram Shop Laws?
Multiple states have enacted what are known as “dram shop” laws. These laws allow an injured person in a DUI-related accident to hold the vendor, who served or sold alcohol, responsible for the crash. In some states, there are also “social host” laws. These allow an injured person to hold a private party host accountable – like someone hosting a New Year’s Eve party in their home.
Kentucky does use dram shop laws, but as of 2018, there are still no social host laws.
Even if you could not be held responsible for the actions of your guests, as a party host, you must make sure that guests leaving your party do not do so when they are a risk to public safety.
Contact Gladstein Law Firm, PLLC
online or by calling 502-791-9000.
Tips for the Private Party Host
Kentucky does not have social host laws, but that does not mean you should let party goers leave if they are too intoxicated to drive safely. Not only are you risking their lives, but you are also risking the lives of their passengers and those on the road.
Too many lives are lost to drunk drivers each year, and you can do your part to reduce those numbers by:
- Making every guest turn in their keys when they arrive. Keep the keys in a safe place, and only return them to those who are safe to drive. Anyone too intoxicated can either stay and wait for the effects of the alcohol to wear off or find an alternative way home.
- Include designated driver RSVPs on your invitations. Instead of just asking for a headcount, see if anyone is willing to serve as a designated driver for your holiday party, too. This will help you pair up people who want to drink and celebrate but still want to get home safely.
- Use an on-demand service like Uber or Lyft to get people home after the party ends.
- Plan to house a few guests in your home if you have no other way to get them home and they are too inebriated to drive.
Tips for the Bartender Working Private Parties
As a licensed bartender, you fall under dram shop liability. Even if you are working at a private party, you are the person legally responsible for the alcoholic drinks you sell or dispense at the party. Therefore, if a driver were to leave and was apparently intoxicated (but you continued to serve them, knowing they were driving that night), you may be responsible for any accidents they cause as a result.
To do your part, consider the following:
- Take away the keys from any driver you feel is too intoxicated to drive.
- Refuse to serve alcohol to any driver who is intoxicated. Continuing to serve opens the door for liability.
- Let the host know that a partygoer is intoxicated but intends to drive. Consider calling a taxi, Uber, or Lyft for them, showing you did your part to keep them off the road.
Tips for Bars and Restaurants Serving Alcohol for Holiday Parties
Sometimes, companies, families, and individuals decide to use a commercial venue for their holiday party, instead. In this case, the host (the restaurant or bar) would fall under dram shop laws and must be cautious about how they serve alcohol.
For example, a guest at the holiday party (which was hosted at a local tavern) is slurring her speech, having difficulty walking, and has even fallen a few times. The bartender continues to serve her alcohol. That guest then decides to leave the party, driving herself home. On the way home, she blacks out and causes a severe motor vehicle accident.
The driver of the other vehicle was not intoxicated and merely on their way home. They suffer severe injuries that required immediate surgery, an extended hospital stay, and they are now permanently disabled. Because the driver that you served was intoxicated, they were arrested and criminally charged. The victim then decides to sue that driver for their negligence. Due to dram shop laws, the injured party can also hold the restaurant liable for allowing the driver to become so heavily intoxicated in their establishment.
If the victim can show that any reasonable person would have known the driver was too intoxicated to continue drinking, that restaurant is liable for the accident and injuries that occurred.
Injured in a DUI Accident? You Have Rights
As the victim of a DUI accident, you have the right to hold the driver and possibly other parties responsible for your injuries. These cases are highly complicated and often involve dealing with insurance companies and multiple attorneys, especially if dram shop laws apply.
To make the process easier on you and your family, speak with an attorney from Gladstein Law Firm, PLLC. Attorney Seth Gladstein understands what you and your loved ones are going through. He also understands the importance of having an attorney by your side to aggressively seek compensation on your behalf.
You have medical costs, lost wages, and you are suffering from catastrophic injuries that may impact your quality of life for good.
Do not pay for someone else’s mistakes. Instead, contact Gladstein Law Firm, PLLC, today for a free case evaluation.
Schedule your consultation now at 502-791-9000 or request more information online. All case evaluations are free, and you pay no fee unless we win a settlement in your case.
Contact Gladstein Law Firm, PLLC
online or by calling 502-791-9000.
