Bar Law

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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:

  1. 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.
  2. The purchaser consumed the alcohol sold by the business.
  3. 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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