What Is Dram Shop Liability in Arizona?

A dram shop claim is a legal action brought against an establishment that serves alcohol to a person who later causes harm or injury due to intoxication. It applies to different scenarios, but the most common are drunk driving accidents and premises liability cases. No matter your reason for filing a dram shop liability claim in Arizona, a Phoenix drunk driving accident lawyer can help. 

The legal principle behind dram shop liability aims to encourage responsible alcohol service and hold establishments accountable for their role in contributing to personal injury incidents. Learn more about dram shop liability in Arizona and what you can do as a victim to seek justice and compensation.

What Scenarios does Dram Shop Liability Apply to in Arizona

Dram shop liability holds taverns, bars, and restaurants responsible for overserving alcohol to patrons, which subsequently may cause a variety of accidents. Common incident scenarios our Phoenix car accident lawyers typically see include the following:

Drunk Driving Accidents

If a bar or restaurant continues to serve alcohol to a visibly intoxicated patron who later causes a drunk driving accident, they may be held liable for overserving the individual. 

Assaults and Altercations

If a bar or restaurant serves alcohol to a patron who becomes visibly intoxicated and later assaults or injures another person, the establishment may be held liable for contributing to the individual’s intoxication and subsequent actions. Our Phoenix personal injury lawyers can offer legal advice in this instance.

Injuries on Premises

If a patron becomes intoxicated on the premises of a restaurant or tavern and injures themselves or others due to their intoxication, they may be held liable for overserving alcohol and failing to prevent harm.

Underage Drinking

If an establishment serves alcohol to a minor who later causes harm or injury due to intoxication, it may be held liable for serving alcohol to a minor, regardless of whether the minor used a fake ID.

Over-Service of Alcohol

If a bar continues to serve alcohol to a patron who is visibly intoxicated, leading to their intoxication and subsequent harm or injury to themselves or others, the bar may be held liable for over-serving alcohol.

If your family member has succumbed to injuries inflicted by an intoxicated individual, a wrongful death attorney in Phoenix can help you initiate a wrongful death claim. The tavern can be held responsible for deaths under Arizona’s dram Shop liability laws.

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Are There Any State-Specific Laws That Affect Dram Shop Claims in Arizona?

Yes, Arizona has specific laws governing dram shop liability and dram shop claims. Under Arizona Revised Statutes §4-311, places that serve alcohol can be held liable for injuries or damages caused by intoxicated individuals under certain circumstances. 

Arizona law imposes a higher duty of care on establishments that serve alcohol, requiring them to refrain from serving alcohol to individuals who are visibly intoxicated or under the legal drinking age. Additionally, Arizona courts have established precedents regarding dram shop liability, which may affect the outcome of dram shop claims in the state. 

It’s essential to consult with a personal injury attorney familiar with Arizona’s laws and precedents to understand how they may impact your dram shop claim.

Can I Sue a Bar or Restaurant Even If I Was Partially at Fault in the Accident?

Under Arizona law, you can pursue legal action against a bar or restaurant for a drunk driving accident, even if you bear some level of responsibility for the incident. Arizona follows a comparative fault system, allowing you to seek compensation proportionate to your degree of fault as long as you are not primarily responsible for the accident. 

However, any damages awarded may be diminished based on your percentage of fault. Consulting with a knowledgeable personal injury attorney familiar with Arizona dram Shop liability is crucial to understanding how your partial fault may affect your ability to recover compensation from the establishment.

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Can I Sue a Bar or Restaurant for Emotional Distress in Addition to Physical Injuries?

Yes, you may be able to sue a bar or restaurant for emotional distress in addition to physical injuries in a dram shop claim. Emotional distress refers to the psychological harm or trauma suffered as a result of the accident and its aftermath. Arizona allows dram shop liability claims to include emotional distress as part of the damages sought for the pain and suffering caused by the accident. 

However, proving emotional distress can be challenging and may require evidence such as testimony from mental health professionals, medical records documenting psychological treatment, and eyewitness accounts of the emotional impact of the accident. 

Our personal injury lawyers in Phoenix can help you assess the viability of including emotional distress damages in your claim and pursue fair compensation for all aspects of your injuries and damages.

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What Factors Determine the Success of a Dram Shop Claim Against a Bar or Restaurant?

Several factors contribute to the success of a dram shop claim against a tavern or restaurant. These include the following:

1. Establishing that the bar or restaurant served alcohol to a visibly intoxicated person
2. Demonstrating a causal connection between the overservice of alcohol and the accident
3. Providing evidence of the resulting injuries and damages

Additionally, Arizona’s laws governing dram shop liability and the availability of evidence, such as eyewitness testimony, surveillance footage, and expert opinions, can impact the outcome of the claim.

Is There a Deadline to Filing a Dram Shop Claim?

In Arizona, the statute of limitations for filing a dram shop claim is typically two years from the date of the incident. This means that you have two years from the date of the accident in which to file a lawsuit against the bar or restaurant that overserved alcohol to the intoxicated individual responsible for the accident.

It’s crucial to adhere to this deadline, as failing to file within the specified time frame may result in the loss of one’s right to seek compensation. Therefore, if you believe you have a valid dram shop liability claim in Arizona, it’s essential to meet with a Phoenix personal injury attorney as soon as possible to ensure that your claim is filed before the deadline and your legal rights are protected.

Is It Necessary to Hire a Lawyer to Prove Dram Shop Liability?

While not required, seeking legal help can enhance your chances of winning a lucrative settlement. An attorney will explain how Arizona dram shop liability applies to your case and find loopholes to maximize your claim payout. 

If you or a loved one was a victim of a negligent drunk patron, allow our Phoenix personal injury law firm to help gather evidence, hire experts, and negotiate a fair settlement on your behalf. You deserve the space and time to heal. Our firm will protect your rights and keep your interests at the forefront of your case. Contact us when you are ready for a free consultation.

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