Dram Shop Claim
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
To succeed in a dram shop lawsuit, the victim must prove that:
Evidence in dram shop cases may include:
Our Arizona dram shop attorneys conduct thorough investigations to gather the necessary evidence and build a strong case for our clients.
Bars, restaurants, and liquor stores are required to comply with Arizona’s liquor laws, which include:
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.
Victims of alcohol-related accidents may be entitled to significant financial compensation for:
Our dram shop lawyers fight to maximize compensation for our clients and ensure that reckless businesses are held accountable.
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.
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.
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.
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.
At Breit Biniazan, we offer free consultations to discuss your case, answer your questions, and provide guidance on your legal options. If you are a truck accident victim, don’t wait; contact our experienced Phoenix truck accident attorneys today to begin your journey towards recovering the compensation you deserve.
"I am a New York personal injury attorney. A friend asked me to find an excellent attorney to represent her nephew who lives in Virginia and was badly injured in a car accident there. Justin Sheldon from Breit Biniazan was very experienced and patient in explaining the legal process to his client. He obtained an excellent settlement and my friend and her nephew were both very pleased with the outcome. I highly recommend Justin Sheldon and the Breit Biniazan law firm if you require the services of a personal injury law firm in Virginia."
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