How Is the Social Host Law Different From Dram Shop Liability?

The social host law is different from dram shop liability due to the fact that there is limited liability placed on social hosts. If a drunk person injures you, a personal injury lawyer can help you understand the difference between suing a social host and a bartender.

Our Phoenix drunk driving accident lawyer at Zanes Law explains the differences between the social host law and dram shop liability. Read on to learn more about how liability for third parties is determined in drunk driving accidents.

Limited Liability for Social Hosts in Arizona

The social host law is different from dram shop liability in that social hosts cannot be held responsible for serving alcohol to people of the legal drinking age that later on cause accidents or injuries. Whereas dram shop liability in Arizona states that a bartender can be liable for the injuries a patron causes if: 

• The bartender continued serving the patron alcoholic drinks when they were visibly intoxicated, well past the point of legal impairment. Overserving an already drunk person increases the risks of dangerous behavior affecting others.
• It can be shown that overserving the intoxicated patron was a direct cause of the injuries that resulted from their actions. For example, if an overly inebriated customer was allowed to get behind the wheel and then caused a car accident through their impaired state.

However, our Phoenix car accident lawyers know there are a few situations in which you could hold the social host accountable for any injuries you suffered. The situations in which you can hold a social host accountable include:

• If the host knowingly served underage guests alcohol and the underage guest caused you to suffer injuries in an accident.
• The social host allowed underage guests to consume alcohol on their property, and the intoxicated people caused injuries or property damage, leading to other people being injured.

If you’ve been injured in an accident due to an underage intoxicated person and the social host provided them with alcohol or allowed them to drink on their property, our team of personal injury lawyers in Phoenix can help you.

For a free legal consultation, call 866-499-8989

Types of Accidents Caused by Intoxicated People

When alcohol is flowing, there are several different types of accidents in which you could suffer injuries. Some of the most common accidents our Phoenix personal injury lawyers see include:

Car Accidents

Drunk driving severely impairs response times, concentration, and risk assessment abilities. One of the most common signs of intoxicated drivers is that they have difficulty maintaining speed and distance from other vehicles. They often rear-end cars that slow down unexpectedly or swerve between lanes without signaling.

Impaired judgment leads to trying dangerous passing maneuvers, running red lights, and stop signs. Victims of drunk driving collisions commonly suffer traumatic brain injuries, broken bones, lacerations, and internal bleeding from high-impact crashes. Multi-vehicle pileups are not uncommon when an intoxicated motorist causes an accident on busy roads.

Pedestrian Accidents

When there are pedestrians walking along busy streets at night in dark clothing without using crosswalks, drunk drivers could injure them and or even cause a fatal accident. Since being under the influence of alcohol impairs drivers’ reaction times, pedestrian accidents are more likely.

 Many pedestrian victims are seriously injured with skull fractures, spinal damage, or crushed limbs after being struck by an inattentive drunk driver. If you were injured in a pedestrian accident, knowing the differences between the social host law and dram shop liability can help you recover compensation.

Boating Accidents

Intoxicated boating operators have delayed responses to quickly changing conditions like oncoming vessels, floating debris, or rough water. Poor judgment after drinking leads to risky high-speed boating, showing off, or ignoring no-wake zones. 

Impaired boaters are more likely to misoperate with throttle controls, steering mechanisms, and watercraft equipment. Victims may drown or suffer laceration and amputation injuries from spinning propellers if a drunk operator loses control of the boat. Near-drownings are also common during alcohol-related capsizing or falling overboard. If a drunk person caused your injuries while you were on a boat or swimming in its proximity, our Phoenix boat accident lawyer can help you hold the liable parties accountable.

Our team can help you understand your rights after a drunk person injures you. We can answer any questions about the social host law and how it differs from dram shop liability. We’ll also explain how the laws apply in your specific situation.

How Can a Personal Injury Lawyer Help You After a Drunk Person Injures You?

If you’ve been injured due to the actions of an intoxicated person, a personal injury attorney can provide essential assistance. One of the most difficult things to determine is whether you have a valid case to hold a social host or a bartender liable for your injuries. 

Our Phoenix drunk driving accident lawyer can give you a free case consultation and tell you whether you have a valid case. Another way our team at Zanes Law can help you after a drunk person has caused your injuries is to gather evidence that supports your injuries and claim. Some of the evidence our team can collect to show liability include: 

• Witness statements from party attendees describing the individual’s level of intoxication and how much they consumed.
• Surveillance footage from the establishment shows the patron’s intoxicated behavior and interactions with staff.
• Toxicology reports indicated the person’s BAC was well above the legal driving limit.
• Medical records documenting the type and severity of injuries caused.
• Police reports detailing the circumstances of the accident or incident.
• Prior drunken behavior was documented by the same individual at that location.
• Establishment policies or training showing what constitutes overserving.
• Testimony from the injured party about observations and discussions.
• Social media posts from the event that night indicated excessive drinking.

Whether a social host or a bartender at a restaurant is the liable party, our legal team is here to help you recover the compensation you qualify for. We understand that being injured due to another person’s carelessness involving alcohol can be frustrating and devastating.

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How Long Do You Have to File a Personal Injury Claim After a Drunk Person Injures You?

According to A.R.S. § 12-542, if you were injured due to a drunk person, you have two years from the accident date to hold the bartender accountable under dram shop liability or social host accountable under the social host law.

However, depending on the details of your case, you could have a shorter or longer statute of limitations. Our team of personal injury lawyers in Phoenix can help determine exactly how long you have to file a claim against the negligent party.

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Learn More About How the Social Host Law Is Different From Dram Shop Liability

At Zanes Law, our team of Phoenix drunk driving accident lawyers is ready to help you hold a social host or a dram shop licensee accountable for your injuries. We’re here to answer any questions you have about the laws and your accident. 

Contact us to learn more about the difference between the social host law and dram shop liability.

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