What Is Arizona’s Dram Shop Law and Who Can Be Held Liable?

In Arizona, victims of alcohol-related incidents have the right to seek compensation not only from the intoxicated individual but also from the establishment that served them. This is due to the state’s dram shop laws, which hold alcohol-serving establishments accountable under specific circumstances.

Understanding Arizona’s Dram Shop Law

Arizona Revised Statutes § 4-311 outlines the conditions under which a licensed establishment can be held liable for damages caused by an intoxicated patron. Specifically, liability arises when an establishment:

1. Serves alcohol to a person who is obviously intoxicated, or

2. Serves alcohol to a person under the legal drinking age of 21.

In both scenarios, if the patron’s consumption of alcohol is a proximate cause of injury, death, or property damage, the establishment can be held responsible. The term “obviously intoxicated” is defined as a state where a person’s physical faculties are substantially impaired, evident through behaviors such as slurred speech, unsteady movement, or other visible signs of impairment. ([azlawnow.com](https://azlawnow.com/legal-guides/arizona-dram-shop-liability/?utm_source=openai))

Recent Case in Phoenix

In a notable case, Patterson v. Thunder Pass Inc., a bar patron was observed by employees driving erratically in the parking lot. Despite confiscating her keys and attempting to arrange alternative transportation, the patron later retrieved her vehicle and caused a head-on collision. The victims filed a dram shop lawsuit against the bar, alleging that the establishment had a duty not to serve an intoxicated patron and that their actions did not absolve them of responsibility. ([sorensonlaw.net](https://sorensonlaw.net/2023/02/14/arizona-dram-shop-law/?utm_source=openai))

Arizona Law and Your Rights

Arizona’s dram shop laws are designed to protect the public by holding establishments accountable for irresponsible alcohol service. If you or a loved one has been injured due to the actions of an intoxicated individual, it’s crucial to understand your rights. Pursuing a claim against both the individual and the establishment can provide a more comprehensive avenue for compensation.

Statute of Limitations

It’s important to note that dram shop claims in Arizona are subject to a statute of limitations. Under A.R.S. § 12-542, victims have two years from the date of the injury to file a lawsuit. Failing to file within this period can result in the loss of the right to seek compensation. ([99attorneys.com](https://99attorneys.com/us/arizona/personal-injury/guides/dram-shop-law/?utm_source=openai))

What To Do Next

If you believe you have a dram shop claim, it’s essential to act promptly. Gathering evidence, such as witness statements and surveillance footage, can be critical to building a strong case. Consulting with experienced personal injury attorneys can provide guidance tailored to your situation.

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 dedicated to advocating for victims’ rights. We operate on a contingency fee basis, meaning you pay no fees unless we win your case. Learn more about our fee structure here.

For more information on our services, visit our personal injury attorneys page. To understand why injured Arizonans choose us, see why injured Arizonans choose us. To read about our past successes, check out our past case results.

Contact Hirsch Talcott at 602-903-6000 for a free consultation.

Where to get help

If this situation applies to you, Hirsch Talcott offers a free consultation — speak with a Phoenix wrongful death lawyer to understand your options.