A Kentucky Injury Lawyer Can Help with A Dram Shop Liability Case
A dram shop is a bar or similar type of commercial establishment where alcoholic beverages are served. Traditionally, a dram shop sold liquor by the “dram,” which is a 1.5 fluid ounce unit of liquid. “Dram Shops” are typically discussed in the context of “dram shop laws,” which are laws that hold a business liable for serving or selling alcohol to minors or intoxicated persons who subsequently cause property damage, injury, or even the death of another person.
If you have been involved in a dram shop incident, contact a Kentucky injury lawyer at Erdmann & Stumbo, PLLC. We are experienced with Kentucky dram shop laws and will help you recover financial compensation.
Kentucky Establishments Subject to Alcohol Liability
Thirty states have statutory laws that allow licensed establishments such as bars, restaurants, and/or liquor stores to be held liable for selling or serving alcohol to individuals who cause damage due to their intoxication. Kentucky, limits such liability to circumstances where the establishment sold or served alcohol to an individual whom they knew or should have known was intoxicated, or a person under the legal drinking age.
Essentially, if an establishment serves liquor, it is subject to the state’s dram shop laws where the establishment is located. Some states even allow a person who has been injured to recover damages from the host of a private social event if the event attendees were served alcohol at that event.
Dram Shop Laws in Kentucky
In Kentucky, section 413.241 of the Kentucky Revised Statutes describes the state’s dram shop laws. Under this section, sellers of alcohol cannot be held liable when a customer injures another person unless a “reasonable person under the same or similar circumstances should know the person served is already intoxicated at the time of serving.”
However, Kentucky law only applies this liability limitation to customers at or over the legal drinking age. Therefore, a seller serving an underage customer may be held liable for the drunken actions of that underaged customer.
Kentucky Statute of Limitations
Like any other type of personal injury claim in Kentucky, the statute of limitations for a dram shop is only one year, meaning any such claim must be filed in court within one year of the injury.
Kentucky Dram Shop Damages
Damages in a dram shop claim are also typical of any type of personal injury claim in Kentucky and are meant to compensate the injured victim for accident-related damages, including lost wages, property damages, and medical bills, as well as non-economic damages such as pain and suffering. In addition, punitive damages (meant to punish the dram shop) may be recoverable.
Do I Need a Dram Shop Liability Lawyer?
The short answer is “yes.”
Proving fault in a dram shop claim is complicated and must be supported by evidence. Additionally, you will need to show specific evidence of the damages you have suffered, and any claim for damages like pain and suffering is especially difficult to prove.
Even an insurance claim requires experience in the related law since any insurance claim settlement offer will almost certainly be too low. In order to address these issues and recover the full amount of your damages, you’ll need the help of a Kentucky injury lawyer at Erdmann & Stumbo, PLLC. We understand Kentucky’s dram shop laws and how to properly collect the evidence required to support the entire amount of your damages.
We are experienced trial lawyers who have multiple cases that have resulted in jury verdicts totaling over $100 Million dollars and have settled multiple seven and eight-figure cases.
Dram Shop Law FAQs
What Kinds of Evidence are Needed for a Dram Shop Claim?
Collecting the proper evidence is critical for a successful dram shop claim. The evidence that should be collected includes:
- The establishment served alcohol to a person who was intoxicated
- The establishment served alcohol past closing time
- The establishment served alcohol to a person without requiring or requesting proof of age
- The establishment served alcohol to someone who would likely become intoxicated as a result of the amount served to that person
- The establishment served a large amount of alcohol over a short time period
A Kentucky Injury Lawyer Can Help Fight for Compensation in a Dram Shop Liability Case
Were you injured due to an alcohol-related accident? A Kentucky Injury Lawyer from Erdmann & Stumbo, PLLC, has the experience and resources needed to handle dram shop liability cases. Contact our firm today for help with your matter. Free consultations.