Dram Shop Liability In Arizona ARS 4-311 (D)
According to Arizona Revise Statute (ARS 4-311 (D), any restaurants, bars, nightclubs, saloons, or any other places licensed to serve alcohol — known as dram shops — are liable for serving intoxicated patrons and/or minors under the following conditions:
- Whether the establishment sold liquor or other spirits to any person who was clearly and obviously intoxicated
- Whether or not that individual consumed all the alcohol that he or she purchased
- Whether or not the consumption of the alcohol served by the dram shop was the proximate cause of any injuries, property damage, or other types of damages.
What It Means to Be Intoxicated Under Dram Shop Liability Laws in Arizona
In order for the tenets of ARS 4-311 (D) to be properly upheld, the definition of what it means to be intoxicated has to be legally established. For the purposes of this Arizona Revised Statute, intoxications is when any individual drinking — or ordering drinks at the dram shop — is inebriated to a point where the physical and mental impairment is obvious to those around that individual, including other patrons, bartenders, and servers, due to the fact that the intoxicated person is physically uncoordinated, is showing signs of serious physical dysfunction, and other signs, such as slurring speech.
It is under this definition of intoxication or inebriation that a dram shop could be held liable for any injuries or damages done when that dram shop continues to serve alcohol to the individual displaying these signs and symptoms.
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