Drunk Driving Injuries
Kentucky Civil Litigation Attorneys Representing Plaintiffs in Dram Shop Lawsuits
Drunk driving may be responsible for more accident-related injuries and wrongful deaths than any other single factor on the Kentucky roadways. Kentucky law makes it very clear: when a drunk driver strikes another motorist or pedestrian, he or she is civilly liable for the resulting injuries or death. We are the attorneys you need to handle your claim for injuries and damages caused by a drunk driver.
But what about the persons and businesses who sold alcohol to the drunk driver? Do they have any responsibility to the injured victims? In many cases, they do. This is an area of Kentucky law known as Dram Shop liability, and it deals with the responsibility of the owners and employees of bars and other establishments to stop serving intoxicated patrons. If you’ve been struck by a drunk driver, the personal injury attorneys of Freeman, Childers & Howard would like to discuss your case with you.
How Does Dram Shop Liability Work in Kentucky
In civil law, a “dram shop” is any establishment that serves or sells alcoholic beverages (i.e. a bar, restaurant, or package store). In 1988, Kentucky passed the “Dram Shop Act” to protect bars and restaurants from overreaching claims of liability by the victims of drunk drivers. The Act states that licensed establishments and their employees are not responsible for off-premise accidents as long as certain conditions apply:
- The person who purchased the alcoholic beverages must be of a legal age to drink
- A reasonable person would not have believed him or her to be intoxicated.
In other words, the protection does not apply if the bar or restaurant failed to screen an underage drinker or continued to serve a person who appeared to be drunk. If either of these conditions exists, or if the accident occurred on the premises of the establishment, the protections of the Dram Shop Act do not apply.
Allow an Experienced Kentucky P.I. Lawyer to Examine Your Case
When the Corbin, KY personal injury firm of Freeman, Childers & Howard, Attorneys at Law represents you, we’re going to examine all aspects of your case to determine which parties to name in the lawsuit. When it comes to Dram Shop cases, we’re going to want to know:
- How many drinks did the driver or at-fault party consume at the establishment?
- If the person is underage, what measures did the staff take to verify his or her date of birth?
- Was the patron loud or unruly prior to leaving?
- Did anyone offer to call a cab?
- Did the patron arrive alone (indicating that he or she drove)?
- Did the bartenders and servers receive training on identifying intoxicated persons?
The answers to all of these questions have a bearing on your personal injury case.
Experienced Attorneys for Complicated Cases
Our veteran attorneys serve clients in Knox, Whitley, Laurel, and all over the State of Kentucky. To schedule an appointment with a veteran personal injury attorney in our Corbin, KY office, contact us at 606-503-0521.