Many years ago, pubs and taverns in the United Kingdom and the United States served alcoholic beverages by the dram, equivalent to one-eighth of a fluid ounce or about three and a half milliliters. While the serving size and term have fallen out of use, businesses that sell and serve alcohol on their property are still known legally as dram shops. This same term appears in state laws that impose civil liability on those establishments for certain accidents caused by intoxicated patrons.
If you were hurt in a traffic accident caused by a drunk driver who was overserved at a bar or restaurant, or if you were injured on the property of such an establishment by an intoxicated person, you may want to speak with a Mesa dram shop lawyer about holding that business legally responsible for your damages. While this is not possible in every case, it is often an option worth considering after a serious accident, especially with a skilled car accident attorney from Phillips Law Group on your side.
What Does State Law Say About Dram Shop Liability?
Under Arizona Revised Statutes § 4-311, there are two scenarios in which a liquor-serving establishment may be held civilly liable for injuries a patron caused after becoming intoxicated there. The first is when employees knowingly sell alcohol to someone who was obviously intoxicated, and the second is when they sell alcohol to someone they know is under 21 years of age or fail to ask for identification verifying that the person is at least 21.
This same section of state law defines “obviously intoxicated” as showing commonly recognized signs of substantial impairment, such as slurred or repetitive speech, difficulty walking or standing, and extreme emotional outbursts. However, as a Mesa dram shop attorney can explain, a person who is 21 or older cannot sue a dram shop for injuries they personally suffered after staff overserved them. In addition, other adults cannot sue over injuries that occurred because someone else was overserved in their presence.
Understanding Social Host Liability
Another legal concept that is distinct from dram shop liability but worth discussing in the same context is social host liability. In brief, this sometimes allows injured parties to sue private individuals for injuries caused by people they served with alcohol, even if they provide alcohol solely within their own private property.
According to A.R.S. § 4-301, social hosts are not liable for injuries caused by guests of legal drinking age, whether the incident occurs on their property or elsewhere. However, courts may hold social hosts legally responsible for personal injuries and property damage caused by guests under 21 if they knowingly provided alcohol to those minors. A dram shop lawyer in Mesa can explain how this type of liability works during a free, no-obligation consultation.
Discuss Legal Options With a Mesa Dram Shop Attorney
Car crashes caused by drunk drivers can lead to life-altering injuries, as can incidents such as slips and falls or assaults involving an intoxicated third party. However, if you have never filed a lawsuit in this type of scenario before, you may be surprised how tricky it can be to hold dram shops or private social hosts legally responsible for serving alcohol to someone who later causes harm.
Support is available from a firm that has been locally owned and operated in central Arizona for more than 30 years and has years of experience helping people like you recover through similar claims. Call today to learn what a Mesa dram shop lawyer can do to help you.
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