Dram Shop Cases

Kentucky’s Dram Shop Law Holds Bars and Other Establishments Liable for Drunk Driving Accidents in Some Cases. Learn More About Dram Shop Cases.

When you are coping with the aftermath of a drunk driving accident, one option you have is to hold the drunk driver accountable. But, this also might not be the only option you have available. Under Kentucky’s dram shop act, bars and other establishments can be held liable for drunk driving accidents in some cases, and filing a dram shop liability case could be critical for recovering the full compensation you deserve.

Practical Considerations for Filing a Claim After a Drunk Driving Accident

To understand the importance of filing a dram shop claim, we need to consider the practicalities of seeking just compensation after a drunk driving accident. There are three main practical considerations that come into play:

• In Kentucky, drivers are only required to carry bodily injury liability (BIL) insurance of $25,000 per victim and $50,000 per accident.
• Many people make the poor decision to drink above the legal limit, and drivers also make the poor decision to drive without insurance coverage.
• The financial and non-financial losses resulting from a drunk driving accident can far exceed both Kentucky’s minimum BIL coverage requirement and what most drunk drivers can afford to pay on their own.

In other words, the unfortunate reality is that many victims and families affected by drunk driving accidents cannot fully recover their losses from the visibly intoxicated driver who is held responsible. This is where Kentucky’s dram shop law comes into play.

Understanding Kentucky’s Dram Shop Law

Kentucky’s dram shop law exists in Section 413.241 of the Kentucky Revised Statutes. The relevant portion of the law states:

“[N]o person [or business with an alcohol license that] sells or serves intoxicating beverages to a person over the age for the lawful purchase thereof, shall be liable . . . 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.”

While the law generally provides that bars and other establishments does not establish liability for drunk driving accidents, it includes two key exceptions:

• Bars and other establishments can be held liable for selling alcohol to individuals who are under “the age for lawful purchase,” which is 21 in Kentucky; and,
• Bars and other establishments can be held liable for selling alcohol to someone who is over 21 when “a reasonable person under the same or similar circumstances should know that the person served is already intoxicated.”

Thus, if the drunk driver who hit you or your loved one was under 21, or if the drunk driver was clearly visibly intoxicated and had slurred speech when he or she was served alcohol at a bar or other establishment, you may have a dram shop case under Kentucky law. Since most establishments have liability insurance that covers one-car accidents or these types of cases, filing a dram shop case could significantly increase the amount that you are able to recover.

Filing a Dram Shop Case in Kentucky

With all of this in mind, how do you figure out if you have a dram shop case? And, if you have a dram shop case, how do you file it?

To determine what options you have available, you will want to discuss your situation with an experienced attorney as soon as possible. Assessing your legal rights requires a thorough investigation, which may include obtaining the drunk driver’s credit card statements or receipts. You may need to obtain records from the establishment that served the drunk driver as well, and obtaining these records will require experienced legal representation.

Attorney Seth Gladstein has extensive experience representing victims and families after serious and fatal auto accidents in Kentucky. If you need to assert your legal rights after a drunk driving accident, he can use his experience to fight for just compensation on your behalf. This includes filing a dram shop case if necessary. Seth represents all of his clients on a contingency-fee basis, which means it costs nothing to hire him to fight for the compensation you and your loved ones deserve.

Schedule a Free Consultation About Your Dram Shop Case in Kentucky Today

If you need help understanding and asserting your legal rights after a drunk driving accident in Kentucky, we strongly encourage you to get in touch. To discuss your case with attorney Seth Gladstein in confidence as soon as possible, call 502-791-9000 or tell us how we can reach you online today.