Should the Person Serving Alcohol Have Known the Customer Was Intoxicated?

Under Kentucky law, an establishment with a liquor license should not serve alcohol to someone who is or appears to be intoxicated. It not only can cause problems with them keeping their license, but if the drunk person causes an accident and injures someone, they may be held at least partially responsible for the harm caused. This is known as “dram shop” liability, a type of personal injury claim.

If you’re injured by such a person and file an insurance claim or a lawsuit, you must prove the server knew the customer was intoxicated or they should’ve known but served them anyway. You would also need to show the customer injured you because of the server’s actions.

How people respond to alcohol (and drugs) varies widely. Some of us “hold their liquor” better than others. But there are classic signs servers should be aware of and possibly cut off customers showing them. If someone shows multiple indications they’re drunk, they should not drink more. The signs include:

1. Alcohol odor

The smell could come from their breath or drinks spilled on their clothes. It may be difficult to tell where the odor’s coming from if the bar’s busy, but it’s something a server must consider.

2. Flushed or red cheeks

Depending on our complexion, some of us get flushed cheeks after we drink. Alcohol causes the expansion of blood vessels, so you may look flushed or as if you’re blushing. 

3. Fatigue

Alcohol can break down inhibitions, so a person may be very active, but it’s also a depressant. Drunk people may sit or lie down, yawn, rub their eyes and face. Someone this drunk may fall asleep behind the wheel before causing a crash. They should be served non-alcoholic drinks to rehydrate them and not allowed to drive.

4. Slurred speech

Slurred speech is a common sign of intoxication. If someone is so drunk they can’t speak clearly, they shouldn’t be served.

5. Repetition

Someone drunk may fixate on something and forget what they said a short time ago, so they repeat themselves. You may hear over and over how happy or sad they are, how much they hate their boss, or what drink they want next. If a server hears the same thing repeatedly, the alcohol should stop.

6. Poor coordination and balance

If someone is stumbling, struggling to stay upright, or knocking things over, they’re probably intoxicated and shouldn’t be served. Even if their problem is purely medical and they haven’t had anything to drink, alcohol may make the situation worse. No matter the cause, they shouldn’t be served or drive.

The problem may start slowly, with someone struggling to stand or they lean onto something to stay up before falling or tripping over themselves. Someone this physically impaired shouldn’t be served.

7. Difficulty concentrating

The person may be unable to focus, so the person talking to them may need to repeat themselves before the message is understood. The person may be unable to count their money or forget the PIN on their cash or credit card. The server should ensure the person understands they’ve had enough to drink, and the alcohol should stop.

8. Unstable mood

There’s a good chance someone may be intoxicated if their emotions and behavior radically change. They may keep to themselves, then be talkative, happy to depressed to irritable, and aggressive. Someone who’s emotionally unstable thanks to alcohol could become violent or sexually aggressive.

The establishment needs to stop serving and, in extreme cases, get the person out before they harm another patron in a way that doesn’t involve driving. 

9. Overly generous 

Bartenders like to get tips, but if someone’s throwing money around, it may be because their inhibitions have stopped because they’re intoxicated. Someone may be celebrating too much and buying strangers rounds of drinks. They may open a tab that they’re too drunk to pay later.

Speak With An Experienced Dram Shop Injury Attorney

Satterley & Kelley, PLLC has decades of experience representing motor vehicle accident victims and we can help you with a dram shop matter. To discuss your situation with a knowledgeable Louisville lawyer, contact our law offices online or by telephone at 502-589-5600 or toll-free at 855-385-9532.