Restaurant Insurance Authority

Liquor Liability Insurance in Kansas

In Ling v. Jan’s Liquors, 237 Kan. 629 (1985), the Kansas Supreme Court held that Kansas has no dram-shop act and there has been no judicial imposition of dram-shop liability; at common law no cause of action exists against a seller for injuries caused by an intoxicated person, because the drinker’s consumption is the proximate cause. Any change was left to the legislature, which has declined to act since repealing the prior act in 1949.

Reviewed by a licensed commercial insurance agent. Last updated .

Kansas has no dram shop law. In Ling v. Jan’s Liquors (1985) the Kansas Supreme Court declined to impose liability on sellers for injuries later caused by intoxicated or underage patrons, and courts have reaffirmed that rule since. Kansas doesn’t mandate liquor-liability insurance, but establishments still face lawsuits and defense costs, so coverage remains prudent.

Dram shop law?
No — no dram-shop liability
Insurance required?
Not by statute (often required in practice)
Recommended limits
$1M/$2M (no statutory floor; still advised for premises/assault claims)
Alcohol authority
Kansas Dept. of Revenue — Division of Alcoholic Beverage Control

Dram shop law in Kansas

In Ling v. Jan’s Liquors, 237 Kan. 629 (1985), the Kansas Supreme Court held that Kansas has no dram-shop act and there has been no judicial imposition of dram-shop liability; at common law no cause of action exists against a seller for injuries caused by an intoxicated person, because the drinker’s consumption is the proximate cause. Any change was left to the legislature, which has declined to act since repealing the prior act in 1949.

Is liquor liability insurance required in Kansas?

Kansas imposes no dram-shop insurance mandate because there is no dram-shop cause of action. The Division of Alcoholic Beverage Control regulates licensing (bonds, tax clearance, etc.); some local jurisdictions or special-event permits may require liability insurance, but there is no statewide statutory requirement.

What liquor liability costs in Kansas

  • Restaurant: $500–$1,500/yr (Insureon; may run lower given no liability)
  • Bar / tavern: $1,200–$5,000/yr (Insureon bar avg ~$1,379)
  • Nightclub: $3,000–$10,000+/yr (estimate)

What owners in Kansas miss

  • Kansas is one of about eight states with no dram-shop liability — neither statutory nor common-law.
  • The bar is categorical: it protects sellers even for sales to minors, as in Ling itself.
  • No liability does not mean no lawsuits — establishments still incur defense costs, which coverage funds, along with premises and assault claims.
  • Any change would require legislative action; the legislature has declined to re-enact a dram-shop act since 1949.

Sources

Cost examples are illustrative national figures gathered from public filings and industry surveys. They are not quotes. Your actual premium depends on your state, carrier, revenue, payroll, location, and coverage selections. Restaurant Insurance Authority is an insurance marketing and referral service, not an insurer or licensed agency. We connect business owners with licensed independent commercial-lines agents who specialize in food and beverage. Questions? Call (855) 480-1410.

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