David Barber

Overview

David Barber is a Kentucky trial lawyer whose practice focuses on negligent security and other preventable crime cases, as well as injuries caused by unsafe service of alcohol (dram shop liability). He represents people harmed when businesses and property owners ignore known risks, violate safety rules, and fail to take reasonable steps to prevent foreseeable violence.

Barber began trying cases to Kentucky juries immediately after law school. He served as a prosecutor in Carter County while also working in personal injury and civil litigation. He tried his first case within a week of being admitted to practice and won his first civil verdict in federal court within two years in a case arising from a chemical spill near his hometown of Ashland. He has now tried more than 120 cases to Kentucky juries and has represented clients across the country and the U.S. Virgin Islands through numerous pro hac vice admissions. After working with several plaintiff-oriented firms, he founded Barber Law Office in 2011.

In addition to jury trials, Barber has resolved thousands of cases for clients through pre-suit claims, litigation, mediation, arbitration, and other forms of alternative dispute resolution. He is particularly known for cases involving negligent security at bars, restaurants, hotels, apartment complexes, and entertainment venues, and for alcohol-related liability where overservice or policy failures lead to catastrophic harm.

In 2022, he obtained a $19+ million verdict in a case involving negligent security and dram shop liability, and he frequently accepts referrals of these cases from other attorneys.

Barber’s professional involvement has included service with the American Association for Justice, the Kentucky Bar Association (including the Board of Governors and the Kentucky Bar Foundation), the American Bar Association, the Kentucky Justice Association (including presenting programs and writing for other lawyers), and the Brandeis Chapter of the American Inns of Court. He is also a Fellow of the American Bar Foundation, a global honorary society of attorneys, judges, law faculty, and legal scholars recognized for outstanding dedication to the highest principles of the profession and the welfare of their communities. Fellowship is limited to approximately one-third of one percent of lawyers licensed in each jurisdiction.

He has published 40+ articles in state and national legal publications on topics including attorney ethics, public service, and representing people harmed by safety-rule violations. He regularly speaks to lawyer groups and has also been invited to present to community and professional organizations, including the American Association for Justice, the Southern Trial Lawyers Association, Kentucky Justice Association, National Crime Victim’s Bar Association, the Iowa Association for Justice, the American Bar Association, and the Independent Insurance Agents of Kentucky.

In the community, Barber helped found charitable efforts such as the Gravy Cup, benefiting Boys & Girls Haven, and has coached youth baseball teams that developed players who later earned college scholarships.

Video

Bar Admissions

U.S. Supreme Court
U.S. Court of Appeals for the Sixth Circuit
U.S. District Court for the Eastern District of Kentucky
U.S. District Court for the Western District of Kentucky
U.S. District Court for the Northern District of Illinois (Chicago)
Commonwealth of Kentucky Trial and Appellate Courts
Admitted to numerous courts pro hac vice.

Education

Louis D. Brandeis School of Law

University of Louisville, Louisville, Kentucky

Juris Doctorate 1994

University of Illinois, Champaign, Illinois

Master of Arts, Speech Communication, 1991

University of Louisville, Louisville, Kentucky

Bachelor of Arts, Communication, 1990

Selected Publications

The Evolution of Dram Shop to Negligent Security Law, Advocate, Vol. 48 No. 2, March/April 2020
Screening Medical Negligence Cases, Advocate, Vol. 44 No. 6, November/December 2016 (with H. Philip Grossman).
Professional Service as an Antidote for Malpractice Claims, The Brief, Vol. 34 No. 1, 2013.
Litigation News, Assistant Editor, Litigation Section of the American Bar Association. Numerous articles.

Selected Seminars

Experts and Discovery in Dram Shop Cases, Kentucky Justice Association, June 7, 2020.
What people don’t know about their auto insurance, Independent Insurance Agents of Kentucky, 2017. Screening Medical Negligence Cases, Kentucky Justice Association, 2016 (with H. Philip Grossman).
Preparing an expert for cross-examination, Kentucky Justice Association, 2010.
One Child, One Lawyer, Nebraska State Bar, 2004.
“Empowering Communities to Enforce Negligent Security and Dram Shop Safety Laws.” Kentucky Justice Association Annual Convention, Louisville, KY, September 2023.
Inadequate Security CLE program moderator, American Association For Justice Annual Convention, Philadelphia, PA, July 2023.
“The Millionaire Lawyer: Financial and Succession Planning in Law Firms.” American Bar Association GPSolo Fall Meeting and CLE, Kansas City, MO, October 15, 2023.
“Premises Liability: From Intake to Verdict.” Kentucky Justice Association Premises Liability Seminar, Louisville, KY, May 2024.
30(B)(6) Corporate Depositions in Preventable Crime and Dram Shop Cases, Iowa Association For Justice Annual Conference, Des Moines, IA, November 2024 (with Elizabeth Barber).
Using Corporate Depositions to Support Jury Instructions in Dram Shop and Premises Cases; Southern Trial Lawyers Association, New Orleans, LA, February 20, 2025
Getting Juries the Instructions and Evidence They Need in Negligent Security Cases; American Association for Justice Annual Convention, San Francisco, CA, July 21, 2025.

Selected Honors & Awards

Fellow of the American Bar Foundation
Law Related Education Award of Achievement, Kentucky Supreme Court
Distinguished Service Award, Kentucky Bar Association
Louis D. Brandeis American Inn of Court
Numerous Continuing Education Awards, Kentucky Bar Association
First Place, Traditional Biscuits and Gravy, The Louisville Gravy Cup, 2012

Professional Associations & Memberships

Kentucky Justice Association
American Association for Justice
Southern Trial Lawyers Association
National Crime Victim Bar Association
Kentucky Bar Association
- Past member of Board of Governors and Kentucky Bar Foundation
American Bar Association
- Past Fellow of Sections of Litigation and TIPS, Assistant Editor of Litigation News
- Current member of GPSolo Section Council