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Bar Law in Arizona
Statutory Dram Shop Liability: Establishments who sell alcohol to underage or intoxicated individuals are governed by A.R.S. § 4-311. A business is liable for property damages and personal injuries (or wrongful death) if all of the following are established:
- The business sold alcohol to a purchaser who was obviously intoxicated or to an individual who was under the legal drinking age and the seller knew they were underage or failed to verify their age.
- The purchaser consumed the alcohol sold by the business.
- The consumption of the alcohol proximately caused the injury, death, or property damage.
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Under Arizona law, businesses have a duty to conduct themselves with reasonable care and prudence and not serve alcohol to intoxicated or underage individuals. A plaintiff does not have to prove that he or she was “obviously intoxicated” but simply that, at the time he or she was served alcohol, he or she had consumed a sufficient number of alcoholic drinks that the dram shop defendant knew or should have known that he was intoxicated.
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