Most states have a dram shop law to deter providers of alcoholic beverages (servers, liquor stores, bars, restaurants) who sell or serve alcoholic beverages under authority of a license or permit from selling or serving alcoholic beverages to obviously intoxicated individuals.
These laws generally eliminate any liability of servers, liquor stores, bars, and restaurants when a person to whom they sell or serve alcohol causes personal injury or property damage—whether in an automobile accident, a fight, or other incident—unless the person to whom they sell or serve alcohol is obviously intoxicated.
Laws regarding dram shop liability vary from state to state and are usually located in a state’s statutes.
In Kansas, dram shop laws are codified under Kansas Statutes Annotated (K.S.A.) 41-311. According to this statute, a person who has been injured by an intoxicated individual can hold a commercial alcohol server liable for damages if the server sold, dispensed, or furnished alcoholic beverages to the individual when they were visibly intoxicated, or if the server should have known the individual was already intoxicated. Additionally, the law applies if alcohol is provided to a minor who then causes injury or damage. Kansas's dram shop law requires that the injured party prove that the alcohol server's actions directly contributed to the intoxication of the individual who caused the injury or damage. It's important to note that these laws are subject to change and interpretation by the courts, and liability may not be straightforward in every case. Therefore, consulting with an attorney for specific legal advice is recommended for anyone dealing with a dram shop-related issue in Kansas.