Dram Shop Liability In Arizona ARS 4-311 (D)

According to Arizona Revised 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 does It mean 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 are 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.


Premises Liability versus Holding Dram Shops Liable for Instances of Drunk Driving

As we’ve already discussed above, an Arizona dram shop can be held liable for any injury or damage to property done by a patron they “over-served” after seeing or clearly understanding that that patron was already intoxicated based on the above-listed criteria. But in the state of Arizona, pursuant to ARS 4-311(D), dram shops may also be held accountable in drunk driving cases where the individual driving was far over-served at a dram shop after he or she was clearly intoxicated based on the legal criteria, thus causing a car accident. ARS 4-311(D) holds the dram shop accountable for having served the drunken driver of that car when it can be established that that individual was already intoxicated and continuing to be served by that dram shop.

Dram Shop Law in Arizona ARS 4-311(D)


How to Protect Your Dram Shop from Liability for Injury, Damages, or Accidents?

While ARS 4-311(D) does lay out a definition for what it means to be intoxicated, bars, nightclubs, and other establishments serving alcohol can be extremely busy, making it extraordinarily difficult to keep up with which patrons have been served and how many times, and in other cases, some patrons are able to better conceal their level of intoxication.

And, there are limitations to the Arizona Dram Shop Laws dictated in the Arizona Revised Statute, such as those who do not possess a liquor license, but who are serving alcohol at a social event in their home or other establishment is not going to be held liable under ARS 4-311(D).


How the Shah Law Firm Can Assist with Your Arizona Dram Shop Liability Case?

However, if your nightclub, bar, restaurant, eatery, or other establishments with a liquor license has been the target of a dram shop liability case, the Shah Law Firm stands ready to do whatever it takes to prove that you, your employees, and your establishment are not at fault for any injury, damages, or any accidents that resulted in the over-drinking on the part of an individual who may have happened to visit your establishment. After all, who is to say that person didn’t leave, go home, drink there, and come back to your establishment to drink more?

There are a whole host of different defenses in dram shop liability cases in Arizona, and the Shah Law Firm has dealt with numerous cases just like yours, so we understand exactly what it takes to build a successful defense for you and your establishment and its employees. Give us a call today for your free legal consultation by dialing 602-560-7408 right away.

we are here to help

Fill out the form below, or call us directly at (602) 560-7408 to schedule your free, one-on-one consultation. There is no obligation and all consultations are strictly confidential.

WHAT OUR CLIENTs SAY

“I was totally impressed and grateful for the expertise and successful case Arja handled for me. She answered my calls immediately and saved me a lot of professional and personal heartache. Arja did a great job refuting the State’s evidence and convinced the Prosecutor that my chewing tobacco was a major issue in the case that the officer did not check.”

Arja Shah Law Firm Reviews
Thomas - Super Extreme DUI
Argued Police Stop Protocols and Reduced to a Fine

“Arja represented me for a DUI case in Scottsdale. I met with her immediately after being charged and she very quickly was able to speak to the prosecutor and get my charges reduced after my initial hearings. She was attentive and easy to talk to. She gets results.”

Arja Shah Law Firm Reviews
Jason - Scottsdale DUI
Felony Charges Reduced to Reckless Driving

“Arja was extremely knowledgeable and kept us up to date on the entire case. I would hire her and recommend her to anyone- although I hope I never need her help again! But if a problem arises I would be sure to call her!!”

Arja Shah Law Firm Reviews
Maggie - Mesa Super Extreme DUI
Super Extreme DUI Reduced to First Time Regular DUI

“Ms. Shah got my charges completely dismissed. She worked hard, was thorough, and took care of all the details. Seriously, hire her. It’s a complete piece of mind.”

Arja Shah Law Firm Reviews
R. Aguilera - Attempted Murder
Attempted Murder Charges DISMISSED

“During my recent DUI case and time spent working with Arja Shah, I can say I had an absolute positive Experience. She was there to represent me and handle my questions and concerns with ease. Thank you.”

Arja Shah Law Firm Reviews
Michael - Phoenix DUI Arrest
Felony DUI Charge Reduced to a Fine

“I endorse this lawyer. She is knowledgeable as well as up-to-date on the latest case law. She is one of the very few attorneys I would recommend to family or friends.”

Arja Shah Law Firm Reviews
Michael Pittman (Attorney Peer)

“First, Arja is a superb and energetic attorney who is always willing to listen and help out in client cases. Second, she works hard for your case to minimize or eliminate penalties for the charges you are facing. She has a good analytical mind and presents your case successfully. Third, she is approachable even outside work hours if the situation calls for it. Always punctual for meetings. Lastly, she is an affordable attorney in comparison to some big-name law firms where personalized and flexible service is almost impossible. The above review is based on my experience derived from her working on my case.”

Arja Shah Law Firm Reviews
T. McCarty- Extreme DUI Charge Possible 30 Days Jail
Reduced to Reckless Driving and a Fine

“Attorney Arja Shah took the time to compile letters from family members and show the Prosecutor that they lacked evidence to move forward with my case. Arja did what she said she would do and was there to help me. Outstanding Attorney.”

Arja Shah Law Firm Reviews
Andrea- Disorderly Conduct and Domestic Violence
Charged Dismissed
Call Now ButtonClick Here to Call Now