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Arizona’s dram shop laws: How does it apply to wrongful death cases?

Losing someone you love in a car accident is one of life’s most painful experiences, especially when alcohol plays a role in their death. These tragedies raise questions about who bears responsibility beyond the person who drank alcohol. Places that serve alcohol – such as bars and restaurants – may share the blame if their alcohol sales lead to a fatal accident.

When is a business liable under the dram shop law?

Under Arizona’s dram shop law, three things must happen before the law holds a business responsible:

  • The business sold alcohol to someone who was obviously intoxicated or not old enough to drink legally.
  • The person drank the alcohol they bought from that business.
  • Drinking that alcohol directly caused the accident and the resulting death or injuries.

The term “obviously intoxicated” means that the person must show clear physical impairment that any reasonable person would notice. This includes stumbling, having trouble standing straight or showing other clear signs of being unsteady. Businesses have a duty to notice these obvious signs and stop serving alcohol to such customers.

What are the limitations?

Bars and restaurants aren’t always responsible for accidents caused by customers who were drinking. Arizona’s dram shop law provides several limitations:

  • The law does not hold businesses responsible when adults of legal drinking age hurt themselves after drinking.
  • The law protects businesses when someone gets hurt while knowingly staying with a drunk person.
  • For restaurants, courts cannot use information from routine alcohol service audits in these cases unless they find it specifically relevant.

However, the law takes a stricter approach when it comes to serving alcohol to people under 21. If an underage person buys alcohol and causes harm shortly after the purchase, the law automatically assumes they drank what they bought from that business. However, businesses can present evidence to challenge this assumption.

Get clarity on your situation

Car accidents, especially those involving alcohol consumption, can leave families with profound grief and many questions. An attorney can help you assess your situation and guide you through your options.

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