Understanding Arizona Dram Shop Law

Arizona’s dram shop law allows victims of drunk driving accidents to hold certain establishments responsible if they knowingly over-served a visibly intoxicated person or sold alcohol to someone under the legal drinking age, and the over-service led to a drunk driving accident.

In other words, if you’ve suffered injuries in a drunk driving accident, you may have the right to pursue a claim against the driver as well as a dram shop liability claim against the licensed establishment that served them, such as a bar or restaurant.

An experienced personal injury attorney at Mushkatel, Gobbato, & Kile, P.L.L.C., can explain to you how dram shop liability cases work in Arizona.

What Is a Dram Shop?

A “dram shop” is any business that sells or serves alcoholic beverages, including:

• Bars
• Restaurants
• Nightclubs
• Liquor stores

The term derives from “dram,” a small liquid unit. In the modern world, dram shop laws make these businesses potentially responsible if they served a patron alcohol and that person then causes harm to someone else.

Who Can Be Held Liable Under Arizona’s Dram Shop Law?

Arizona’s dram shop law helps hold alcohol vendors accountable for reckless or negligent sales practices. Businesses that sell or serve alcohol to patrons may be liable for violations of applicable law. Specifically, they may be liable if:

• The establishment knowingly served an underage person, or a person under 21, or
• The establishment served someone who was “obviously intoxicated.”

The people who serve alcohol may also face legal consequences. However, because Arizona’s law primarily targets businesses, it’s important to note that social hosts—people who serve alcohol in a private setting—have a more limited liability under state law. Liability of social hosts may arise in certain circumstances. It’s a much narrower opportunity than dram shop liability for licensed sellers.

If you’re not sure who can be held responsible in your accident claim, an experienced car accident lawyer at Mushkatel, Gobbato, & Kile, P.L.L.C., can review your case, explain dram shop liability in Arizona, and discuss your options.

When Would Arizona’s Dram Shop Law Apply?

Arizona’s dram shop law comes into play when alcohol service leads to injuries or property damage. For example:

• A bar serves a patron who is visibly intoxicated, and that patron drives and causes a crash.
• A restaurant serves alcohol to a minor, who later injures someone in a car accident.
• A liquor store sells alcohol to someone underage, the underage person consumes it, and the alcohol consumption contributes to a violent act or accident.

Liability in a dram shop lawsuit often hinges on causation. You must show that the over-service or illegal service directly contributed to your accident or injury. If the driver was already intoxicated before the establishment sold alcohol to them, proving liability at a secondary location can be tough. Working with a lawyer experienced in both car accidents and Arizona dram shop liability cases can increase your chances of holding the right parties accountable.

Does Arizona’s Dram Shop Law Apply to Social Hosts?

Arizona law differentiates between licensed alcohol sellers and private social hosts. Social hosts generally have more limited liability—but that doesn’t mean they’re completely immune. Liability for social hosts may arise if:

• They knowingly provide alcohol to a minor, or
• They encourage or allow dangerous behavior after providing alcohol.

Cases against social hosts are more difficult to prove. If a drunk driver injured you while coming from a private event, you may have options, but it’s best to talk to a lawyer to learn more about your exact options.

What Does ‘Obviously Intoxicated’ Mean?

“Obviously intoxicated” is a legal standard in dram shop claims. You don’t have to prove the intoxicated driver failed a formal sobriety test. Instead, courts consider whether there were visible signs of intoxication present, such as the following:

• Slurred speech
• Loud or incoherent talking
• Losing balance
• Difficulty walking
• Aggressive or reckless behavior
• Strong alcohol odor

No magical number of factors must be present before you can hold an establishment liable. Courts consider whether a reasonable server should have recognized the patron’s condition before serving more alcohol. If they served an obviously intoxicated patron, or one who was clearly drunk, the establishment can be liable.

How Do You Establish Liability Under Arizona’s Dram Shop Act?

Proving a dram shop claim in Arizona typically requires showing three key elements:

• The establishment served alcohol to someone underage or served a patron who was an obviously intoxicated person.
• A link exists between the over-service and the accident or injury, which typically involves evidence showing the person’s intoxication at the time of service, such as surveillance video or witness testimony.
• The over-service directly caused injury or financial loss

Establishing these elements often involves gathering evidence from multiple sources. The more evidence you have, the more likely you are to recover damages. A skilled car accident lawyer from Mushkatel, Gobbato, & Kile, P.L.L.C., will know how to work with investigators and build a strong case.

What Compensation Could You Recover in a Dram Shop Law Lawsuit?

If a dram shop claim is successful, victims may recover various types of damages, which may include:

• Medical expenses, including compensation for hospital stays, emergency care, rehabilitation, ongoing treatment, and future care
• Lost income, such as wages for any time you couldn’t work, or to make up for reduced earning capacity due to your injuries
• Pain and suffering, including issues like physical pain, emotional distress, and diminished quality of life
• Property damage, including repairing or replacing your vehicle or other damaged property

The total amount of compensation depends on your specific injuries, the evidence, and whether multiple parties are involved in the claim. Dram shop claims often run alongside personal injury lawsuits against the drunk driver, allowing victims to pursue full recovery for their losses.

How Can an Experienced Car Accident Attorney Help Me?

Navigating a dram shop claim is quite challenging without skilled legal guidance. An experienced car accident attorney can:

• Investigate the alcohol service and the accident
• Collect evidence like surveillance footage
• Evaluate potential liability for each party
• Negotiate with insurance companies and opposing counsel to maximize your compensation
• Represent you in court if insurance companies or opposing counsel refuse to offer a fair settlement

Contact an Arizona Car Accident Attorney Today

If you suffered harm in a drunk driving accident, the attorneys at Mushkatel, Gobbato, & Kile, P.L.L.C., can help you explore your legal options.  We have over 50 years of combined legal experience helping car accident victims. Learn more from our past clients’ experiences and contact us now for a consultation.

Visit Our Arizona Car Accident Law Offices