Establishments that serve alcohol have a legal duty to do so responsibly. When someone gets intoxicated in a bar or restaurant and then injures or kills someone, dram shop laws obligate the establishment to pay the injured person’s losses in some cases.
When you suffer an injury because of another person’s drunkenness, or if your loved one died because of a drunk person’s actions, consult a local injury attorney. A Phoenix, AZ dram shop lawyer could determine whether a bar or restaurant has some responsibility for the incident that injured you. If so, they could pursue a claim seeking compensation for your injuries.
Understanding the Dram Shop Law
Arizona Revised Statutes § 4-311 describes the duty of establishments licensed to serve alcohol. They may not serve alcohol to someone who is underage or obviously intoxicated. This law applies to hotels, restaurants, bars, liquor stores, wedding venues, and the organizers of events that include alcohol sales.
According to the law, physical coordination problems or physical dysfunction are indicators of visible intoxication. Employees of a licensed establishment should not serve anyone displaying these characteristics. They also may not serve someone they know is underage or fail to check ID.
When an inebriated person causes a car accident, gets into a fight, or causes any other situation that causes property damage, injuries, or death, the establishment that served them could be responsible for paying the losses someone sustains as a result. A Phoenix attorney could investigate any injury-causing incident involving a drunk defendant to determine whether a claim against a bar or restaurant that served the defendant is viable.
Applying Dram Shop Laws
When someone experiences severe, catastrophic, or fatal injuries, the insurance available is often insufficient to properly compensate the injured person for their losses. An establishment’s commercial insurance policy often provides a significant source of funds.
The law does not hold a bar or restaurant liable unless the injured person can show that the injury would not have occurred but for the patron’s inebriation. A Phoenix, AZ dram shop attorney could use police reports, witness testimony, the results of blood alcohol concentration (BAC) tests, and surveillance video to link an incident to excess alcohol.
Act Immediately to Preserve the Right to Compensation
The law requires an injured person to file a lawsuit seeking compensation within two years of the incident that caused the loss. However, it is unwise for an injured person to delay seeking legal advice.
Proving liability under dram shop laws often requires an extensive investigation. The evidence that can prove an establishment’s liability typically comes from security camera footage as well as testimony from bartenders, servers, and other patrons. Many establishments quickly erase or tape over surveillance footage. Similarly, it is important to speak with witnesses soon after an incident while their memories are fresh.
Gathering the proof required to hold an establishment liable under the dram shop act takes time. An injured person who engages a Phoenix, AZ dram shop attorney immediately puts the legal professional in the best position to gather evidence to support the injured person’s case and use it to hold all the liable parties accountable.
Consult a Phoenix, AZ Attorney About Potential Dram Shop Liability
When you are in a drunk driving accident or other incident involving an inebriated person, you could have a claim under the dram shop act. You need an experienced attorney with excellent investigatory skills to help you.
Contact a Phoenix, AZ dram shop lawyer from the Phillips Law Group immediately. You could receive substantial compensation from the bar or restaurant that served the person who injured you or killed your family member. Call today to get started.
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