2011 Kentucky Revised Statutes CHAPTER 413 LIMITATION OF ACTIONS 413.241 Legislative finding -- Limitation on liability of licensed sellers or servers of intoxicating beverages -- Liability of intoxicated person.
KY Rev Stat § 413.241 (1996 through Reg Sess) What's This?
413.241 Legislative finding -- Limitation on liability of licensed sellers or servers of
intoxicating beverages -- Liability of intoxicated person.
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The General Assembly finds and declares that the consumption of intoxicating
beverages, rather than the serving, furnishing, or sale of such beverages, is the
proximate cause of any injury, including death and property damage, inflicted by an
intoxicated person upon himself or another person.
Any other law to the contrary notwithstanding, no person holding a permit under
KRS 243.030, 243.040, 243.050, nor any agent, servant, or employee of the person,
who sells or serves intoxicating beverages to a person over the age for the lawful
purchase thereof, shall be liable to that person or to any other person or to the estate,
successors, or survivors of either for any injury suffered off the premises including
but not limited to wrongful death and property damage, because of the intoxication
of the person to whom the intoxicating beverages were sold or served, unless a
reasonable person under the same or similar circumstances should know that the
person served is already intoxicated at the time of serving.
The intoxicated person shall be primarily liable with respect to injuries suffered by
third persons.
The limitation of liability provided by this section shall not apply to any person who
causes or contributes to the consumption of alcoholic beverages by force or by
falsely representing that a beverage contains no alcohol.
This section shall not apply to civil actions filed prior to July 15, 1988.
Effective: July 15, 1998
History: Amended 1998 Ky. Acts ch. 121, sec. 36, effective July 15, 1998. -- Created
1988 Ky. Acts ch. 434, sec. 1, effective July 15, 1988.
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