In Arizona, if you’ve been injured by a drunk driver, you have the legal right to pursue compensation not only from the driver but also from the establishment that served them alcohol while they were obviously intoxicated. This is known as dram shop liability, codified in Arizona Revised Statutes § 4-311.
A notable case highlighting this law is Torres v. JAI Dining Services. In this 2023 Arizona Supreme Court decision, the court upheld the state’s dram shop statute, emphasizing that establishments can be held liable if they serve alcohol to patrons who are obviously intoxicated, and those patrons subsequently cause harm. This ruling underscores the importance of holding bars and restaurants accountable for their role in preventing drunk driving incidents.
Under A.R.S. § 4-311, a liquor licensee (such as a bar or restaurant) can be held liable if they serve alcohol to a person who is “obviously intoxicated,” and that person’s intoxication is a proximate cause of injury or damage. “Obviously intoxicated” means the person exhibits signs of significant impairment that would be noticeable to a reasonable person, such as slurred speech, unsteady movement, or other clear indicators of intoxication.
It’s crucial to act promptly if you intend to pursue a dram shop claim. Arizona law imposes a one-year statute of limitations for such actions under A.R.S. § 4-312. This means you have one year from the date of the injury to file a lawsuit against the establishment. Failing to do so within this timeframe can result in losing your right to seek compensation.
If you’ve been injured by a drunk driver and believe a bar or restaurant may be partially responsible, it’s essential to consult with experienced personal injury attorneys who understand Arizona’s dram shop laws. At Hirsch Talcott, our team, including attorney Jack Hirsch, a Certified Specialist in Personal Injury and Wrongful Death, and attorney Chelsie Talcott, a former Maricopa County Deputy Public Defender, is well-versed in handling such cases. We operate on a contingency fee basis, meaning you pay no fees unless we win your case.
For more information on our services, visit our page on personal injury attorneys. To learn more about attorney Chelsie Talcott, click here. For details on our fee structure, see our fee structure.
Don’t navigate this complex legal landscape alone. Contact Hirsch Talcott at 602-903-6000 for a free consultation to discuss your case and explore your options for seeking justice and compensation.
