It’s Not Enough to Show Someone Drunk Was Served Alcohol

Kentucky’s Dram Shop Act makes those with liquor licenses potentially liable for vehicle accidents caused by their intoxicated customers. Those serving them must be put on notice that they’re intoxicated, which could be shown in different ways, but continue to serve them before they can be held responsible for the injuries caused by the accident.

What’s the Kentucky Dram Shop Act?

Kentucky law states that if a drunk driver injures you, they are primarily responsible. If they’re under the legal drinking age and a business or person with a liquor license serves them alcohol, that license holder could be liable for your injuries.

If the driver is 21 or older, the licensee could be liable for the crash if they knew, or had reason to know, the person was intoxicated before they were served.

Whether or not this customer was drunk isn’t so much the issue. It’s whether they put the licensee, their employees, or agents on notice they are intoxicated. If so, and they were served, the license may be liable for your injuries (along with the drunk driver who injured you).

What are Signs a Customer is Intoxicated?

These signs vary with the individual, what they’re drinking, and how much. Using prescription or illegal drugs while drinking can increase these effects. If the person is fatigued or ill they may show intoxication differently.

1. Uncoordinated Movements

This is probably one of the most noticeable signs of intoxication. Alcohol affects our central nervous system, which controls our motor skills. If you’re drunk, your movements are probably clumsy, slower, and unsteady.

You may sway, stumble, or have difficulty walking a straight line. Your balance may be bad, so you lean on furniture, walls, or doorways for support. You may not grasp objects properly, so you spill your drink or drop your phone.

2. Slurred Speech

Slurred speech is a common and more easily identified sign that you’re drinking. Alcohol depresses the section of the brain controlling your speech. If you’re intoxicated, you may speak slower or with a slur. You may struggle to clearly pronounce words, and your sentences may be jumbled.

It’s a sign you’re drinking too much if you can’t speak clearly or you’re repeating yourself. Tone and loudness can change, too. You may speak louder, and if you’re aware your speech is slurred, you may talk slower.

3. Mood Swings and Altered Behavior

Alcohol may significantly impact your behavior and mood. You may have exaggerated emotional shifts. If you’re ordinarily quiet, you may become overly talkative. You may turn quiet or aggressive if you’re usually more happy and outgoing.

Alcohol may lower inhibitions, so you may become overly affectionate, flirty, or sexual. You could also become angry or upset for no apparent reason. Emotional extremes may be a strong indication that you’re intoxicated.

4. Impaired Judgment

If you’re drunk, your ability to rationally decide things is significantly impaired. You may engage in risky behavior or actions you wouldn’t typically engage in when you’re sober. You may say something you normally would not, try to do something you can’t do, or do something dangerous without considering the risks. You may have an inflated self-confidence, even if you can’t perform basic tasks like walking or talking.

5. Changed Appearance

You may show physical signs of intoxication, like flushed skin, especially your face. Alcohol opens blood vessels, so you may have a reddened complexion, especially if you’re lighter-skinned.

Your eyes may become bloodshot or glassy. You may have difficulty focusing or maintaining eye contact, or your pupils may dilate (or widen). You may start sweating or become overheated, even if it’s not warm.

5. Nausea or Vomiting

Someone drinking too much may feel nauseous or dizzy, which can lead to vomiting. If you become pale, feel clammy, become dizzy, or show signs of distress, you may be intoxicated.

Vomiting is a sign your drinking has crossed into dangerous territory. Your alcohol blood level may be so high you’re suffering from alcohol poisoning, which should get immediate medical attention.

6. Memory Problems and Lack of Mental Focus

If you’re drunk, your ability to focus and retain information declines. This is because alcohol impacts your brain’s hippocampus, the section responsible for memory. If you have trouble remembering things you just said or did, or you’re repeatedly asking the same question, you’ve probably consumed too much alcohol.

You may also be easily distracted, unable to follow a conversation, or stay engaged in an activity. You may be confused, unable to track events, or forget what you were talking about mid-sentence.

7. Excessive Talking or Laughing

You may laugh excessively or talk non-stop. This is due to your lowered inhibition and boosted confidence. If you laugh loudly at things that aren’t funny, or speak without stopping, your judgment may be affected by alcohol.

8. Breathing Changes

Alcohol may change your breathing pattern so you’re breathing more heavily or irregularly. It may get so bad you’ll have shortness of breath or labored breathing. If this is happening, it could be a sign that you’ve had so too much to drink that your body is struggling to process the alcohol.

Depending on the situation, these signs may be more or less noticeable to a bartender or server. They should be on the lookout for these symptoms, no matter how many people are in the establishment or how busy they are.

They should also keep track of how much you’re drinking. If you’ve had several drinks plus you’re showing these symptoms, you shouldn’t be served or allowed to drive away from the establishment. If the licensee fails to keep other customers and the public safe, the drunk customer causes an accident, and your injury, they (or their insurer) and the other driver may be compelled to compensate you for your injuries.

Speak With an Experienced Dram Shop Act Lawyer

Satterely & Kelley, PLLC attorneys have decades of experience representing injured clients in dram shop cases, and we can help you with this often complex legal matter. To discuss your possible dram shop claim with a knowledgeable Louisville lawyer, contact our law offices or call us toll-free at 855-385-9532.