Dram Shop Injuries

Home / Personal Injury / Dram Shop Injuries

Dram Shop Injuries Attorneys in Arizona

All motorists in Arizona understand that driving under the influence of alcohol is illegal. Offenders can face criminal penalties and civil liability if their actions result in accidents. However, many people do not realize that those who suffer injuries in drunk driving accidents can also seek damages from a vendor who provided alcohol to the intoxicated driver. The statutes permitting claimants to recover compensation from such establishments are known as dram shop laws.

Filing a successful dram shop claim in Arizona can be challenging without the assistance of an experienced and skilled attorney. At Valley Injury Team, our seasoned drunk driving accident lawyers have multiple decades of combined experience handling complicated injury claims. We are committed to putting our clients first and will do everything in our power to understand and fight for your needs. Call us today at 602-529-4444 or contact us online for a free consultation with an experienced dram shop injury lawyer in Arizona.

What Are Arizona's Dram Shop Laws?

ARS 4-311 (D) sets out Arizona’s dram shop laws. The state permits victims of drunk driving to file a claim against bars, restaurants, and other venues if they serve alcoholic beverages to a visibly intoxicated person who goes on to cause a drunk driving accident. The law also applies to establishments that fail to check a customer’s ID or knowingly sell alcohol to an individual under the age of 21 who proceeds to cause a drunk driving collision. Under this statute, both the drunk driver and the establishment that over-served them are liable for personal injuries or wrongful death losses.

Why Are Dram Shop Laws Important?

Any establishment that is licensed to sell alcohol in Arizona must do so in a responsible manner. They are in dereliction of this responsibility if they sell alcohol to someone who shows signs of intoxication or whom the establishment has reason to believe is intoxicated. Dram shop laws exist to hold such establishments accountable for their negligence.

Furthermore, dram shop laws play a critical role in compensation claims if the at-fault driver’s insurance policy does not cover the full extent of the victim’s losses. In such cases, a claim against the dram shop can make up the difference between what the injured individual deserves and what the drunk driver’s insurer can pay. Working with an Arizona drunk driving accident attorney with a thorough knowledge of the state’s dram shop laws can help you maximize your potential to win the full recovery you need and deserve.

Can You File a Claim Against a Social Host in Arizona?

In the context of drunk driving claims, a social host is someone who is not a licensed alcohol vendor but serves a person in the context of a social setting. For example, a social host might be an individual or a group hosting a party at their home.

While many states have laws permitting drunk driving victims to file claims against social hosts who over-serve adult drunk drivers, Arizona law exempts social hosts in such circumstances. However, the state does allow the injured party to file a claim against a social host who has furnished alcohol to a minor drunk driver who has caused an accident. In some cases, social hosts who serve minors may also face criminal penalties.

How Your Arizona Dram Shop Lawyer From Valley Injury Team Helps

Dram shop laws can be confusing for anyone without a thorough knowledge of Arizona’s legal system. Proving that a dram shop is liable for your injuries requires establishing a direct line of causation from the establishment to the drunk driver and on to the accident that caused your injuries. Furthermore, you must demonstrate that the establishment served the at-fault driver even though they knew or should have known that the individual was intoxicated.

Proving this sequence of events may involve the following:

  • Police reports, witness statements, and other evidence that the drunk driver was drinking at the establishment before the accident

  • Credit card or cash register receipts, bank statements, witness testimony, and surveillance camera footage showing how many drinks the establishment served the individual

  • Expert analysis to determine whether the establishment knew or should have known that the patron was already drunk

  • Witness testimony or video surveillance proving whether an employee checked the patron’s ID in cases involving drunk drivers under 21

What Compensation Can I Receive in an Arizona Dram Shop Injury Claim?

Car accidents can cause catastrophic or even life-threatening injuries. When the accident is the result of a driver’s intoxication, the consequences are often even more severe. Survivors may have permanent injuries that severely limit their mobility and ability to work. This outcome can hamper an individual’s ability to afford their often overwhelming medical expenses.

Filing a dram shop injury claim can allow the injured party to recover compensation for losses such as:

  • Medical expenses, both current and projected

  • Rehabilitative costs, including assistive devices, physical therapy, and ongoing assistive care

  • Lost income due to missed time at work

  • Reduced earning capacity if you are unable to return to your previous job

  • Physical and emotional pain and suffering

  • Disability, disfigurement, and scarring

  • Property damage expenses

At Valley Injury Team, our knowledgeable attorneys can calculate the total value of your injury-related losses and fight to recover every penny you deserve.

If you have lost a loved one in a drunk driving accident, you may be eligible to file a wrongful death claim. Our lawyers can help you recover funeral expenses, lost income for dependents, and other losses you have suffered due to the accident.

What Is the Deadline for Filing a Dram Shop Lawsuit in Arizona?

Arizona’s statute of limitations allows injured individuals to file a lawsuit against any party at fault for their injuries, including dram shops. The law sets a two-year timeframe for filing these lawsuits. While some exceptions to this rule exist, missing the relevant deadline may result in the forfeiture of your ability to recover the compensation you deserve. Consult a knowledgeable Arizona personal injury attorney as soon as possible to ensure you complete all filings promptly and protect your claim.

Contact the Valley Injury Team Today

Suffering injuries or losing a loved one in a drunk-driving accident can render your life unrecognizable. Knowing what steps to take next can sometimes feel impossible in the midst of such anguish, confusion, and injustice. However, it is crucial to remember that Arizona law gives you options to hold the drunk driver and the negligent alcohol vendor accountable for your accident-related losses. Working with a seasoned car accident attorney can give you the support and advocacy you need during this challenging time so that you can get what you deserve.

At Valley Injury Team, we are passionate about fighting for the rights of injured Arizonans. Attorneys Adam Barlow, Mason Bradshaw, and Chris Jones each bring unique skills and experiences to this powerhouse firm, allowing us to take on even the most challenging dram shop injury cases with confidence and commitment. We will give you the personalized attention, skilled representation, and tailored legal strategies your case deserves. We recognize that filing a compensation claim can seem daunting, but we are ready to minimize your stress and handle every aspect of your case. Call us today at 602-529-4444 or fill out our online form for a free consultation, and let us be your trusted partners on this journey.

Testimonials

Clients Have Confidence in Us

Testimonials

Clients Have Confidence in Us