When an intoxicated individual causes an accident that results in injury or death, the intoxicated person is rightfully held responsible. However, Arizona law also recognizes that the establishment or vendor that over-served alcohol to that individual may also bear legal responsibility. This is known as “dram shop liability.”
At AZ Law Now Injury Attorneys, we are dedicated to helping victims of alcohol-related accidents in Arizona understand their rights and pursue all avenues of compensation. If you or a loved one has been harmed due to the negligence of a bar, restaurant, or liquor store that over-served an obviously intoxicated person or a minor, our experienced personal injury attorneys are here to help.
What is Dram Shop Liability in Arizona?
Arizona’s dram shop law (specifically Arizona Revised Statutes § 4-311) allows victims of alcohol-related incidents to hold liquor licensees liable if they:
“Obviously intoxicated” means that the person’s intoxication was reasonably apparent to the server through observation of their appearance, speech, or conduct. This is a critical element in proving a dram shop case.
Who Can Be Held Liable Under Arizona’s Dram Shop Law?
Arizona’s dram shop laws primarily apply to liquor licensees, which include:
It’s important to note that Arizona law generally does not hold social hosts (individuals hosting private parties) liable for injuries caused by adult guests they served alcohol to, even if those guests were obviously intoxicated. However, there is an exception: a social host can be liable if they knowingly serve alcohol to a minor, or knowingly allow a minor to consume alcohol on their premises, and that minor subsequently causes harm due to intoxication (A.R.S. § 4-301).
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The most common type of dram shop claim, where an over-served patron leaves an establishment and causes a car accident.
If an establishment continues to serve an obviously intoxicated and aggressive patron who then assaults another person.
In some tragic cases, over-serving can lead to severe alcohol poisoning.
When an establishment serves alcohol to an underage individual who then causes harm to themselves or others.
Statements from other patrons, employees, or anyone who observed the intoxicated individual being served.
Official reports detailing the incident and the intoxicated person’s blood alcohol content.
Security camera footage from the establishment can be crucial in showing the patron’s state and the service of alcohol.
Proof of alcohol purchases.
Toxicologists and other experts may be needed to establish the level of intoxication and its link to the subsequent harm.
Investigating whether the establishment had proper training and procedures for serving alcohol and if they were followed.
Victims in a successful dram shop liability lawsuit may be entitled to compensation for various damages, including:
In some cases, punitive damages may also be awarded if the establishment’s conduct was particularly reckless or outrageous.
If you or a loved one has suffered due to an individual being over-served alcohol by a licensed establishment in Arizona, don’t wait to seek legal help. Contact AZ Law Now Injury Attorneys for a free and confidential consultation. Let our knowledgeable dram shop liability attorneys fight for the justice and compensation you deserve.
Arizona’s dram shop laws (primarily A.R.S. § 4-311) allow licensed establishments (like bars, restaurants, liquor stores) to be held liable for damages if they:
Arizona Revised Statute § 4-244(14) defines “obviously intoxicated” as being inebriated to such an extent that a person’s physical faculties are substantially impaired, and this impairment is demonstrated by significantly uncoordinated physical action or significant physical dysfunction that would have been obvious to a reasonable person.
Signs of obvious intoxication can include:
Proving that an establishment served an “obviously intoxicated” patron is a critical element of a dram shop case.
It’s important to distinguish dram shop liability from social host liability. Under A.R.S. § 4-301, social hosts (individuals hosting private parties) are generally not liable for injuries caused by adult guests to whom they served alcohol, even if those guests were obviously intoxicated.
However, a social host can be held liable if they:
In Arizona, the statute of limitations for filing a personal injury lawsuit, which generally includes dram shop liability claims against private establishments, is two years from the date the injury occurred or was discovered (A.R.S. § 12-542). It is crucial to act promptly. If you miss this deadline, you will likely lose your right to pursue compensation.
Note: Claims against public entities or employees have different, much shorter notice requirements (often 180 days for a notice of claim and a one-year statute of limitations for a lawsuit). It’s vital to consult with an attorney to understand the specific deadlines applicable to your case.
It is critical to act quickly. In Arizona, the statute of limitations for filing a personal injury lawsuit, including dram shop claims, is generally two years from the date of the injury. Failing to file within this timeframe can mean losing your right to seek compensation.
How AZ Law Now Injury Attorneys Can Help You
Navigating a dram shop liability claim can be complex. Establishments and their insurance companies often vigorously defend against these claims. You need a skilled and experienced legal team on your side.
The attorneys at AZ Law Now Injury Attorneys:
When an intoxicated individual causes an accident that results in injury or death, the intoxicated person is rightfully held responsible. However, Arizona law, under specific circumstances, also allows victims to hold accountable the establishment that over-served that individual. This is known as “dram shop liability.” At AZ Law Now Injury Attorneys, we are dedicated to helping those injured by the negligence of others, including pursuing claims against bars, restaurants, and other liquor-licensed establishments that irresponsibly serve alcohol.
If you or a loved one has been injured in an accident caused by an over-served individual in Arizona, you may have grounds for a dram shop claim. Understanding your rights under these complex laws is the first step toward securing the compensation you deserve.
Establishments can also be held strictly liable if they serve alcohol to a minor (under 21 years of age), and that minor subsequently causes an accident due to intoxication. This applies even if the minor appeared to be of legal drinking age or presented a fake ID, though the establishment may have defenses if they took reasonable steps to verify age.
If you are successful in a dram shop liability claim, you may be able to recover compensation for various damages, including:
Building a successful dram shop claim requires thorough investigation and compelling evidence, which may include:
The information provided on this page is for general informational purposes only and does not constitute legal advice. You should contact an attorney to obtain advice with respect to any particular legal matter. No reader, user, or browser of this site should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel in the relevant jurisdiction. Use of, and access to, this website or any of the links or resources contained within the site do not create an attorney-client relationship between the reader, user, or browser and website authors, contributors, contributing law firms, or committee members and their respective employers.]
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