2014 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.
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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 Chapters 241 to 244, 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:June 25, 2013
History: Amended 2013 Ky. Acts ch. 121, sec. 103, effective June 25, 2013. -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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