When a drunk driver crashes and causes injuries or property damage to another individual, the driver will typically be held responsible for their actions and have to pay for damages. However, there may be other parties aside from the driver who could be held responsible through the Arizona dram shop laws. Here, we want to examine how establishments and individuals who serve visibly intoxicated persons may hold responsibility for the actions of that intoxicated individual.
What Arizona Law Says About Dram Shop Liability
The term “dram shop” finds its origins in the 1700s and refers to any commercial establishment that, through its ordinary course of business, serves alcohol to the public. For modern-day purposes, the definition of a dram shop has expanded to wineries, breweries, restaurants, bars, convenience stores, gas stations, grocery stores, and any other establishment that provides alcohol to the public.
When we look specifically at Arizona Revised Statutes §4-311, 4-312, and 4-244, we can see that liability for injuries or property damage caused by an impaired individual can fall to a licensed bar or restaurant if the following situations apply:
- The alcohol was sold or served to an individual who was already obviously intoxicated
- Alcohol was sold or served to a person under the age of 21
- The consumption of the alcohol must have been the proximate cause of property damage or injuries
It is important to examine how “intoxicated” is defined under Arizona law. This means that the person was “inebriated to the extent that a person’s physical faculties are substantially impaired as shown by significantly uncoordinated physical action or significant physical dysfunction that would have been obvious to a reasonable person.”
In many states, individuals are able to use dram shop laws in order to hold social hosts liable for injuries or property damage caused by an intoxicated person. Typically, a social host would include those who have parties where alcohol is present. This can include homeowners. However, Arizona law prohibits social hosts from civil liability in these cases if the person who went on to cause an impaired incident was of legal drinking age. Social hosts can be held responsible if they provided alcohol to an underage individual who then went to cause property damage or injuries due to their intoxication.
Recovering Compensation for These Incidents
Drunk driving accident victim or their family members may be entitled to damages from the bar, restaurant, store, or other establishment that provided alcohol to an intoxicated individual or an individual under the age of 21. So long as the impairment was the proximate cause of the injuries or property damage, individuals may be able to recover the following types of compensation:
- Coverage of medical bills related to the injuries
- Last wages if a person cannot work while recovering
- Property damage expenses
- Physical pain and suffering damages
- Emotional and psychological damages
- Permanent scarring and disfigurement damages
- Loss of quality of life damages
- Funeral and burial expenses and cases of wrongful death
If you or somebody you care about has been injured due to the actions of an impaired driver in Arizona, we encourage you to reach out to a skilled Chandler criminal defense lawyer for help immediately. An attorney can investigate all possible avenues of liability, including using the dram shop laws in this state to explore additional compensation.