KRS 413.241: Legislative finding -- Limitation on liability of licensed sellers or servers of

intoxicating beverages -- Liability of intoxicated person.

(1) The General Assembly finds and declares that the consumption of intoxicating

beverages, rather than the s erving, 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.

(2) Any other law to the contrary notwithstanding, no person holdin g 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.

(3) The intoxicated person shall be primarily liable with respect to injuries suffered by

third persons.

(4) 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.

(5) This section shall not apply to civil actions filed prior to July 15, 1988.