Have you or a loved one suffered injuries because of an accident with a drunk driver in Kentucky? While it may seem obvious that the intoxicated driver is legally liable for the accident and injuries you sustained, you may not realize that it is also possible to hold third parties, such as bars and restaurants, liable for damages as well. Our Louisville drunk driving accident attorneys explain.
Kentucky's “Dram Shop Law” Allows You to Sue Bars, Restaurants & Shops
Kentucky Revised Statutes § 413.241 states that alcohol vendors can be held partially liable for DUI related damages if they sold or served alcohol to someone when a “reasonable person under the same or similar circumstances should [have known] that the person served [was] already intoxicated at the time of serving.”
Known colloquially as a “dram shop law,” this means that liquor stores, bars, restaurants, and other venues and events that sell and/or serve alcohol can be held legally responsible in a drunk driving accident claim. A venue or employee may also be held responsible if they served someone alcohol after closing time or without requesting proof that they are of the legal drinking age.
Damages in a Kentucky DUI accident case are intended to compensate the injured party (or parties) for losses related to the accident, meaning that bars and restaurants could be partially responsible for paying:
- Medical bills,
- Lost wages,
- Property damage,
- Pain and suffering, and
- Other compensable damages
Individuals who have suffered injuries due to a drunk driver who became intoxicated at a public venue must be filed in court within one year of the date of the injury. Otherwise, the case will be dismissed.
Does Kentucky Have a Social Host Law?
Unlike some states, Kentucky has no statewide law that allows a person injured in a drunk driving accident to seek damages from a social host if an intoxicated driver causes injury after being served alcohol at a private party or another private event (except in certain cases in which minors are involved). Kentucky’s dram shop law only applies to vendors that are licensed to sell or serve alcohol under state law.
Injured by a drunk driver? We can help! Our Louisville drunk driving accident attorneys can determine who is liable for your injuries and represent you throughout the claims process. Contact us now to learn more during a free case evaluation.