Were you recently hurt by an intoxicated person? If so, you probably already know that their irresponsible decision to over-drink means they could owe you financial compensation for the harm they caused you. What you might not know is that Arizona’s dram shop laws may also extend liability to certain other parties who facilitated that person’s intoxication, potentially increasing the amount of money you can recover for your injuries.
What Is a Dram Shop?
The term dram shop is one you might not have seen before. It describes an establishment with a liquor license that sells alcohol to the public. The unusual term takes its name from the dram, an old English fluid measurement that was used to describe alcohol. Long ago, a vendor that sold alcohol did so by the dram—hence, dram shop.
Understanding Dram Shop Liability
Dram shop liability is a legal concept by which alcohol vendors can be held accountable for their contribution to alcohol-fueled accidents. Arizona’s dram shop liability law states that such licensees can be liable for injuries or deaths when:
- The licensee sold alcoholic beverages to an obviously intoxicated person, or someone under the legal drinking age of 21
- That person consumed the alcohol sold to them by the licensee
- That person then caused the injury or death of a third party
The law also defines “obvious intoxication” as being inebriated to the point that the person’s significant physical dysfunction or lack of coordination would be obvious to a reasonable observer. Examples of such behavior include:
- Stumbling or falling
- Slurring words
- Talking in circles
- Exhibiting mood swings or irritability
- Making threats or acting aggressively
Crucially, dram shops are not liable for the injuries that an intoxicated patron causes themselves—only injuries that person causes others.
Does Dram Shop Liability Extend to Social Hosts?
Arizona does not extend dram shop liability to social hosts, with one exception. Social hosts can be held liable for serving alcohol to someone they know or reasonably should know is under the legal drinking age. So, if an adult serves alcohol to a teenager who subsequently gets behind the wheel, they could be liable for an accident the teenager causes as a result.
What Damages Can I Recover?
If you can prove that a liquor licensee is partly responsible for what happened to you, you can demand that they compensate you for the harm you suffered as a result. This could include money for your:
- Medical bills and related expenses
- Lost wages/salary and diminished earning potential
- Damaged personal property
- Pain and suffering
- Emotional distress
- Incidental accident-related expenses
Getting Legal Help for Your Dram Shop Case
Dram shop liability cases can be difficult to win, as they require the injured party to prove that the liquor licensee was aware their patron was dangerously intoxicated and continued to serve them anyway. Moreover, the companies that insure licensees against such liability have considerable resources to fight claims against them. You may need legal advocacy of your own to:
- Independently investigate the case to recover valuable evidence like bar receipts, eyewitness testimony, and security camera footage
- Work with experts to build a strong case against the establishment that sold the intoxicated party alcohol
- Accurately calculate the fair value of your case and determine what fair compensation entails
- Prepare your claim on your behalf by drafting and sending demand letters and complaints
- Negotiate with the licensee or its insurer for a settlement that pays you what you deserve without the need for a trial
- Prepare your case for trial to strengthen negotiating leverage and serve as a fallback plan if a settlement isn’t possible
- Argue your case in court if it becomes the best way to recover compensation from the establishment responsible for what happened
- Contact the Arizona Department of Liquor Licenses and Control and have them conduct an investigation.
Arizona does not give you unlimited time to bring your dram shop liability case. The state’s statute of limitations on personal injury claims gives you two years to file your suit. Wait too long, and the defendant can move to dismiss your case as untimely, which the court will likely agree to do. Don’t put your rights at risk—reach out to an experienced personal injury lawyer right away.
Contact Valley Injury Team Right Away
Have you been injured in an accident caused by an intoxicated person? If so, you deserve justice and fair compensation for what happened to you—compensation that might be available through a dram shop liability claim. Valley Injury Team is ready to advise you on your rights and options. Our experienced Arizona dram shop injury lawyers offer free consultations to all prospective clients, so contact us today to learn more about your case without risk or obligation.
