Dram Shop Lawyer AZ

Drunk driving accidents can result in severe injuries, extensive medical bills, lost wages, and emotional trauma for victims and their families. While the drunk driver is responsible for their actions, Arizona law also allows victims to hold bars, restaurants, and liquor-serving establishments accountable if they overserved alcohol to an obviously intoxicated person who then caused an accident.

This type of lawsuit is known as a dram shop claim. At Breit Biniazan, our experienced Arizona dram shop lawyers help victims pursue compensation from negligent establishments that contributed to their injuries. If you or a loved one has been harmed by a drunk driver who was overserved alcohol, we are prepared to fight for the justice and financial recovery you deserve.

What is Dram Shop Liability?

The term “dram shop” originates from 18th-century England, where alcohol was sold in small units called “drams.” Today, dram shop laws refer to statutes that hold businesses legally responsible for serving alcohol to individuals who go on to cause harm due to their intoxication.

Dram shop laws exist to prevent alcohol-related accidents by encouraging businesses to serve alcohol responsibly and avoid overserving visibly intoxicated individuals or minors.

Dram Shop Laws in Arizona

Arizona’s dram shop liability laws, outlined in A.R.S. § 4-311, establish when a business can be held legally responsible for injuries, wrongful death, or property damage caused by an intoxicated individual. A bar, restaurant, liquor store, or other alcohol-serving establishment may be found liable if a court or jury determines that:

1. The establishment sold alcohol to either:
   • A person who was obviously intoxicated, or
   • A person under the legal drinking age without requesting identification or with knowledge that they were underage.
2. The individual consumed the alcohol provided by the establishment.
3. The consumption of that alcohol was a direct cause of injury, death, or property damage.

Additionally, under A.R.S. § 4-311(B), a business cannot be held liable for a person’s previous alcohol consumption at other locations unless that individual was obviously intoxicated when served. The law defines “obviously intoxicated” as substantial impairment of physical faculties, shown through significantly uncoordinated physical actions or dysfunction that would have been noticeable to a reasonable person.

For cases involving underage drinkers, the law creates a rebuttable presumption that if an underage person purchased alcohol from a licensed establishment and was injured, or caused injuries, shortly after drinking, it is presumed that the alcohol they consumed was the alcohol sold to them by the business.

These dram shop laws are critical in drunk driving accidents, where bars and liquor-serving establishments may have contributed to a driver’s impairment. By holding these businesses accountable, dram shop claims help prevent future tragedies and provide victims with additional avenues for compensation.

Our Success Stories in Dram Shop Liability Cases

At Breit Biniazan, we have successfully represented victims of drunk driving accidents in Arizona, securing settlements and verdicts against both negligent drivers and the businesses that overserved them. Our case victories include:

Most recently, we secured a policy limit settlement of $1,075,000.00 in a highly contested dram shop case following the tragic death of a 29-year-old bicyclist who was struck and killed by a drunk driver. This case was particularly challenging due to the abolishment of common law dram shop cases in Torres v. Jai Dining Servs. (Phoenix), Inc., 536 P.3d 790, 798 (Ariz. 2023). Despite the legal hurdles, our team was able to overcome the obstacles and achieve a successful result for the victim’s family.

Types of Dram Shop Cases We Handle

Drunk Driving Accidents

Many dram shop claims arise from DUI crashes where an intoxicated driver, after being overserved at a bar or restaurant, causes an accident. These crashes can lead to serious injuries or fatalities, and victims have the right to pursue claims against both the driver and the establishment that served them.

Underage Drinking and Alcohol Sales to Minors

Arizona has strict laws prohibiting the sale of alcohol to minors. If a business sells alcohol to someone under 21, and that individual causes an accident or injury, the establishment can be held liable for violating dram shop laws.

Bar and Restaurant Liability for Assaults and Fights

Excessive alcohol consumption can lead to violent altercations. If a bar or nightclub overserves alcohol to a patron who then starts a fight, assaults someone, or engages in reckless behavior, the establishment may be held liable for injuries that result.

Pedestrian and Cyclist Injuries

Intoxicated drivers often fail to see or react to pedestrians and cyclists, leading to devastating accidents. If the driver was overserved alcohol at a bar, restaurant, or event, victims may have a dram shop claim against the establishment.

Wrongful Death Claims

If a loved one was killed by a drunk driver or in an alcohol-related incident, families can file a wrongful death dram shop lawsuit to hold both the driver and the establishment accountable for their negligence.

Proving a Dram Shop Claim in Arizona

To succeed in a dram shop lawsuit, the victim must prove that:

1. The establishment served alcohol to a person who was visibly intoxicated or underage.
2. The intoxicated person then caused an accident or injury.
3. The injuries or damages resulted from the intoxicated person’s actions.

Evidence in dram shop cases may include:

• Surveillance footage showing the individual being served alcohol while visibly intoxicated.
• Receipts and transaction records proving excessive alcohol consumption at the establishment.
• Eyewitness testimony from bartenders, servers, or other patrons.
• Police reports documenting the drunk driver’s level of intoxication.
• Toxicology reports showing a high blood alcohol content (BAC) at the time of the accident.

Our Arizona dram shop attorneys conduct thorough investigations to gather the necessary evidence and build a strong case for our clients.

Violations of Liquor Laws and Business Liability

Bars, restaurants, and liquor stores are required to comply with Arizona’s liquor laws, which include:

• Refusing service to visibly intoxicated patrons
• Checking IDs to prevent underage sales
• Following state-mandated serving limits and hours

If an establishment violates liquor laws and contributes to an accident, they may be held legally responsible for damages. Our attorneys investigate whether a business has a history of liquor law violations and use this evidence to strengthen dram shop claims.

Compensation Available in an Arizona Dram Shop Claim

Victims of alcohol-related accidents may be entitled to significant financial compensation for:

• Medical expenses, including hospital bills, surgeries, and rehabilitation.
• Lost wages and reduced earning capacity due to long-term injuries.
• Pain and suffering, covering physical and emotional trauma.
• Property damage for vehicle repairs or replacement.
• Wrongful death damages, including funeral costs and loss of financial support.
• Punitive damages, in cases of gross negligence by an alcohol-serving establishment.

Our dram shop lawyers fight to maximize compensation for our clients and ensure that reckless businesses are held accountable.

Why Choose Breit Biniazan as Your Arizona Dram Shop Lawyer?

• Proven experience in dram shop liability and DUI accident cases.
• In-depth knowledge of Arizona liquor laws and personal injury litigation.
• Strong track record of successful settlements and verdicts.
• Aggressive representation against bars, restaurants, and insurance companies.
• No fees unless we win – we work on a contingency basis, meaning you pay nothing unless we recover compensation for you.

Contact Breit Biniazan Today

If you or a loved one has been injured due to a drunk driver who was overserved alcohol, you may have a dram shop claim against the establishment that enabled them. Holding these businesses accountable can prevent future tragedies and help you secure the financial support you need to recover.

Contact Breit Biniazan today for a free consultation. Our experienced Arizona dram shop attorneys are ready to fight for your rights and pursue justice on your behalf.

Frequently Asked Questions

How long do I have to file a dram shop claim in Arizona?

Arizona law typically allows two years from the date of injury to file a dram shop lawsuit. However, it is best to act quickly to preserve evidence and strengthen your case.

Can I sue a bar if a drunk driver injured me?

Yes, if the bar overserved alcohol to a visibly intoxicated person who then caused an accident, you may have grounds for a dram shop lawsuit.

What if the drunk driver was under 21?

If an establishment served alcohol to a minor, they could be held strictly liable under Arizona law, even if the minor did not appear intoxicated.

If you need legal assistance, Breit Biniazan is here to help. Contact us today for a free case evaluation.

Schedule your free and confidential case evaluation with our Phoenix legal team by calling (602) 529-5466.