Licensed establishments that serve alcohol in Arizona have a duty to do so safely and responsibly. Bars, restaurants and other establishments are not allowed to serve alcohol to a patron who is obviously intoxicated or who the seller knew or should have known posed a danger to the public.
Arizona liquor laws also govern the maximum amount of liquor, beer or wine that may be served to a patron at one time and the proper procedure for cutting off an intoxicated patron. Violation of these laws that cause injury or death to the patron or a third party can result in liability for the establishment.
Industry standards require licensed establishments to provide reasonable training to servers and bartenders, and to implement appropriate policies and procedures regarding the safe and responsible service of alcohol. Staff should monitor each customer’s alcohol consumption and detect early signs of impairment. Applicable law and industry standards also require establishments to take reasonable steps when it comes to safe transportation for departing patrons.
Dram shop liability arises when the licensed establishment’s violation of applicable liquor laws causes harm to the over-served patron or a third party. This can include the intoxicated patron hurting him or herself, or others on the premise by accident or violence, or off the premise through by driving.
We see dram shop liability cases most commonly in the context of drivers impaired by alcohol consumed at a licensed establishment hurting or killing themselves or others. In that case, the bar or restaurant that served the alcohol to the driver may bear responsibility for the crash, in addition to the driver and his or her insurance company. Founded by a former criminal prosecutor of DUIs and other serious vehicular crimes such as manslaughter, Bailey Law Firm has impeccable qualifications to pursue cases on behalf of victims of the irresponsible service of alcohol. These cases require understanding of and experience with toxicologists, accident reconstruction experts and dram shop standard of care experts. Bailey Law Firm routinely works with a network of qualified experts to effectively prosecute dram shop cases.