Injured in a Kentucky DUI accident? You have powerful legal rights. Kentucky's dram shop act may allow you to file suit against a licensed establishment for selling alcohol in violation of the law.
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Were you or a loved one injured in a drunk driving accident in Kentucky? In Kentucky, bars, restaurants, nightclubs and liquor stores can be held accountable, in some cases, for the actions of their patrons.
How To Pursue Dram Shop Liability In Kentucky
These licensed establishments can be held liable for over-serving their customers, for serving alcohol to someone who is already visibly intoxicated. That's a violation of Kentucky's liquor code, but it's also a violation of the State's dram shop law. When a bar or restaurant breaks Kentucky's dram shop act, the licensed establishment could be on the hook for any damages that occur as a result.
Elements Of A Dram Shop Claim
To secure compensation in a dram shop lawsuit, injury victims are required to demonstrate three things:
- the licensed establishment violated the dram shop law, over-serving a visibly intoxicated patron
- the patron went on to cause a drunk driving accident, started a bar fight or was otherwise responsible for an alcohol-related accident
- the patron's intoxication contributed to the accident in some way
Serving a visibly-intoxicated patron is the only basis for dram shop liability in Kentucky. Unlike other states, Kentucky's dram shop act makes no mention of serving minors. Nor does the State allow for social host liability, in which people who hold private parties can be held accountable for DUI accidents committed by their guests. Social hosts are immune from liability in Kentucky.
Statute Of Limitations
Kentucky has a very short statute of limitations for dram shop lawsuits. This law acts like a legal time limit; file your lawsuit after the statute has "run out" and your case will be dismissed. Kentucky's statute is only 1 year long, beginning on the date of the accident.