In any sort of drunken-driving incident, it is very likely that there are grave losses or injury. While the drunken driver must certainly be held accountable for their careless actions, Arizona believe the driver may not be the only party who must be held responsible.
In Arizona, a person who has been injured or a family who has lost a loved one due to a drunken-driving accident has the right to not only pursue the offender, but also the right to pursue a dram shop action against the establishment that knowingly sold alcohol to a minor or to an intoxicated individual. It can be any establishment that holds a liquor license issued by the Arizona Department of Liquor Licenses and Control (ADLLC). The liquor license may be required to pay for losses caused by property damage and personal injuries. The establishment can also be named a defendant in a wrongful death suit.
Arizona officials believe this law will encourage establishments that sell alcohol to take reasonable steps to protect the public from foreseeable danger. Establishments implicitly accept this duty to the public in exchange for the right to sell alcohol.
Under Arizona law, serving alcohol to an obviously intoxicated person creates a foreseeable risk to the public. Officially, an “obviously intoxicated person” is someone who shows physical signs of intoxication, such as uncoordinated movements, slurred speech or other significant physical dysfunctions that would make it obvious to a reasonable person he or she was intoxicated.
The state legislature believes the person serving the alcohol has the best judgment to know whether the person buying is drunk and should no longer be served. Thus, liquor licensees that knew or under reasonable circumstance should have known the customer was intoxicated and continued to serve him or her are just as responsible as the offending driver for any injuries or deaths caused after leaving the establishment.
To learn more about Arizona’s Dram Shop Law, click here.
The exclusive purpose of this article is educational and it is not intended as either legal advice or a general solution to any specific legal problem. Corporate offices for Nave DWI Defense Attorneys are located at 432 N. Franklin Street, Suite 80, Syracuse, NY 13204; Telephone No.: 1-866-792-7800. Prior results do not guarantee a similar outcome. Attorney Advertising.
