Dram Shop Liability

Dram Shop Liability Attorney in Tucson, AZ

Pursuing Justice Against Negligent Alcohol Vendors

If you or a family member has been injured or killed by a drunk driver, you want to see all liable parties held accountable. Although the driver is primarily responsible for the accident and the injuries they caused, the business that overserved them could also be held legally responsible.

If you have been injured by an individual who served excessive amounts of alcoholic beverages at a liquor store, bar, or restaurant, you may be entitled to pursue compensation against them. If you have questions about dram shop liability, the first step should be to consult with a knowledgeable attorney who can address your concerns. Contact our law firm today to schedule a free consultation to learn more about our legal services.

What are Dram Shop Laws in Tucson, Arizona?

Tucson, AZ dram shop laws hold liquor stores, bars, and restaurants that are licensed to sell alcohol liable for injuries or death if they serve alcohol to an obviously intoxicated individual or minor who subsequently causes serious injury, significant property damage, or wrongful death.

Because bars, restaurants, and other establishments have a legal duty not to sell alcohol to an intoxicated individual, those establishments that do not comply can be held liable and forced to pay compensation for your injuries or your loved one’s death.

Dram shop liability is initiated when the vendor sells alcohol to someone who was obviously intoxicated or under the legal drinking age of 21. The injured victim must prove that the vendor served the alcohol to the intoxicated or underage individual and that, by doing so, directly caused their injury or the death of another.

Arizona’s dram shop liability laws also allow injured parties to seek damages for medical expenses, pain and suffering, lost wages, and funeral and burial expenses.

What Defines an Obviously Intoxicated Person?

Obtaining compensation in a dram shop liability claim often comes down to whether the establishment knowingly served alcohol to an “obviously intoxicated person.” Arizona law defines an obviously intoxicated person as one who displays significant physical dysfunction that would be obvious to a reasonable person.

The law focuses on any visible signs of impairment, including slurred speech, falling, or belligerent behavior. Other visible signs may include bloodshot eyes or difficulty walking.

Dram law prioritizes a person’s physical faculties to determine if they are substantially impaired rather than their blood alcohol content level, as in DUI cases.

What Kind of Compensation Can I Recover in a Dram Shop Liability Claim?

As with any type of personal injury claim, individuals who have been injured by negligent establishments can pursue recovery for both financial and non-financial losses incurred due to them serving an obviously intoxicated person.

Economic Damages

Economic damages may be awarded to compensate you for expenses you incurred due to being injured. Commonly awarded economic damages include:

  • Past and Future Medical Expenses: Including costs for doctor visits, emergency room visits, hospital stays, surgeries, and medication.
  • Lost Wages: Financial compensation for the wages you lost due to your inability to work.
  • Loss of Earning Capacity: Monetary compensation for your reduced ability to earn future income due to a permanent disability.
  • Property Damage: Compensation to pay for the cost of vehicle repairs if you were hit by a drunk driver.

Non-Economic Damages

Non-economic damages are awarded to compensate victims for losses that lack a fixed dollar value. Commonly awarded non-economic damages include compensation for pain and suffering, which include:

  • Loss of enjoyment of life
  • Emotional distress
  • Permanent disfigurement and scarring

Why is it Important to hire a Dram Shop and Bar Liability Lawyer?

Although Arizona has strict laws meant to hold establishments that serve alcohol accountable for overserving an individual who is obviously intoxicated or a minor, dram shop claims can be challenging to prove.

Hiring a lawyer is the most effective way to pursue compensation after being injured in a drunk driving accident. A dram shop and bar liability lawyer understands the legal nuances involved with proving the case and knows how to gather supporting evidence that proves their client’s claim. Supporting evidence often involves witness testimony, surveillance footage, and receipts to prove negligence.

A skilled lawyer can also act as your legal liaison with the provider who insures the establishment. Often, insurance providers have legal teams whose only job is to find ways to argue that they should not be held liable for the drunk driver’s conduct after they leave the establishment.

As with any legal matter, having an experienced attorney by your side can mean the difference between securing a favorable outcome and leaving without the compensation you deserve.

Contact Doug Newborn Law Firm, PLLC, today for Help With Your Alcohol Related Injury

Doug Newborn Law Firm, PLLC, is a Tucson-area law firm committed to holding establishments accountable for their negligence. Our attorney and legal team realize that being injured due to someone else’s negligence can be frustrating, especially when a bar or restaurant knowingly defies dram shop laws meant to protect the public

When you come to us for help, we will take the time to thoroughly review the evidence in your case and determine which legal options best suit your needs. Our attorney has extensive experience helping victims of negligence recover the maximum compensation for their injuries.

Contact our Tucson, AZ law office today at 520-355-1161 to schedule a free initial consultation and get started on your case.