Kentucky’s Bourbon Trail is a global destination, bringing millions of visitors to our state every year. However, the combination of high-proof spirits and narrow, winding routes can be a recipe for disaster. When a drunk driver crashes after visiting these establishments, many victims wonder if the responsibility stops with the driver or if a distillery shares the blame.
Kentucky dram shop liability laws
Under Kentucky dram shop laws, businesses that sell alcohol generally aren’t responsible for a driver’s actions. However, the major exception is if the establishment serves someone who a “reasonable person” should have known was already intoxicated. This creates a tricky legal landscape for distilleries because of the unique way they serve their guests:
- Tastings often involve multiple high-proof samples in a very short window of time.
- Visitors frequently travel from one distillery to the next over the course of a single afternoon.
- Staff members may not know how many stops a guest has already made before arriving at their counter.
Because of these factors, determining if a server ignored clear signs of impairment is a complex process. However, if a distillery continues to pour for someone who is visibly stumbling or slurring, they may have crossed a legal line.
Thorough investigation is crucial
After a drunk driving accident, the focus is often solely on the impaired driver. However, holding every negligent party accountable, including the business that overserved them, can ensure a victim receives the full support they need for recovery. Since medical bills and lost wages can quickly exceed a single driver’s insurance limits, identifying all liable parties can be essential.
Proving that a distillery or tour company contributed to a crash requires a deep dive into the facts of the day. This might include looking at pour logs, surveillance footage and witness statements to see if the staff followed safety protocols.
Interpreting and applying these specific Kentucky statutes is tricky, particularly for people who are already coping with pain, financial strain and emotional distress after a drunk driving crash. Rather than face these challenges alone, injured parties can speak with an attorney to understand their options, rights and next steps.