Drinking while intoxicated can increase a person’s chances of hurting themselves or others around them. Thus, various states have introduced rules and regulations that allow an individual injured by an intoxicated person to take legal action against the vendor/ bartender or whoever else served the alcohol. These are called ‘dram shop laws,’ where dram refers to a unit of measure that was previously used to sell alcohol.
Dram Shop Laws in Kentucky
Section KRS 413.241 of the state’s Revised Statutes defines Kentucky dram shop laws. As per the statute, vendors can be held accountable when a person under the influence ends up injuring someone or costs them money in damages done to their property. However, alcohol vendors’ liability is subject to the condition that a ‘reasonable person’ in a similar scenario should be able to identify that the individual being served is already intoxicated.
To better understand this, suppose that John goes to buy a drink. The vendor notes that John’s speech is slurred, and he is having difficulty walking straight but serves his alcohol, nonetheless. On his way out of the bar, John stumbles into another visitor, causing them to trip and get injured. In this situation, the visitor who got hurt can take legal action against the vendor for serving John as any ‘reasonable’ person could tell that John was already heavily under the influence.
No Social Host Responsibility
The dram shop laws in Kentucky only apply to commercial vendors who have a license to serve or sell alcohol in the state. In other words, if the above accident occurred on private property, the social host or vendor serving at the function cannot be held liable for the injury that John caused to the other person.
If you or someone close to you has been involved in an alcohol-related accident, it’s essential to consult a personal injury lawyer for immediate assistance. They can help you claim compensation and protect your rights under Kentucky’s dram shop laws.