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Attorneys for Victims of Bar Room Liability

Can you sue a bar after an alcohol-related injury?

Arizona's Bar Room Liability Laws

Arizona's Bar Room Liability Laws

In order to protect our families from the dangers presented by intoxicated people, Arizona law makes it illegal for a bar or bartender to:

  1. provide unreasonable service,
  2. serve a person who is obviously intoxicated, and
  3. for any person to serve someone alcohol while they are under the age of 21 (except in accordance with religious observances).
Under Arizona law, a person is obviously intoxicated if he or she is:

"inebriated to the extent that a person's physical faculties are substantially impaired as shown by significantly uncoordinated physical action or significant physical dysfunction that would have been obvious to a reasonable person."

Bar Room Liability in Arizona

Alcohol-Related Injury Lawyers in Arizona

Bars are also responsible to take reasonable steps to protect people when entering, leaving or remaining on the bar's premises. If an employee of the bar knew or reasonably should have known of a danger to a person, then the bar employees must take reasonable steps to intervene by:

  1. notifying law enforcement officials or
  2. prevent the act of violence or altercation, or
  3. break up the act of violence or an altercation.

Even when a person is not at the bar, but is in the area immediately adjacent to the bar (such as in the parking lot), bar employees still have a duty to take reasonable steps to notify law enforcement, protect, or break up the act of violence if the bar's employees knew or reasonably should have known of the acts of violence or altercations.

Arizona laws related to bar room liability can be found at sections: A.R.S.4-244(14), A.R.S.4-311, and A.R.S. 4-210(A)(10) of the Arizona Revised Statutes.

Court case: ONTIVEROS v. BORAK

Damages in Bar Room Liability Cases, Arizona

Alcohol-related cases are civil lawsuits, which means that liability is expressed solely in terms of monetary damages. Such damages may be available for quantifiable losses like:

Medical expenses, including emergency care, hospitalization, surgery, rehabilitation, therapy

Lost wages and benefits, including what might reasonably have been earned if total disability caused by the injury had not shortened his or her working life

Replacement costs for damaged property, and

Pain and suffering.

Time Limits of Bar Room Liability Cases, Arizona

Bar room liability cases are subject to a time limit known as the "statute of limitations." In Arizona, such a case may need to be filed within as little as one year from the date of the injury-causing event.

When an intoxicated person causes injury to someone else, many states allow the injured person to seek damages not only from the person who caused the injuries, but also from any vendor or social host who provided the alcohol to the intoxicated person. These cases are covered by "dram shop" laws (so named because alcohol was once sold by a unit of measure called a "dram"). If you or someone you know has suffered from a bar room liability injury in Arizona, please call our lawyers at Mick Levin, P.L.C for a free consultation and to discuss the ways in which we may be able to help you through a difficult time.

IMPORTANT NOTICE AND DISCLAIMER: This section covers Dram Shop Laws: Bar or Club Owner Liability for Drunk Driving Accidents and Bar Room Fights: how to sue a bar for negligence, suing a bar for over serving, suing a bar for injury, suing a bar for drunk driver DUI, suing a restaurant, dram shop laws, alcohol realted accidents, injuries, suing a bar for assault, suing a bar bouncer, bar fight court cases. All articles and papers on this site are published for general informational purposes and do not constitute legal advice, nor create an attorney-client relationship between Mick Levin, PLC and the reader. The articles are believed to be accurate on the date written but may not be updated to incorporate changes in the law after the date of publication on the site, and therefore, any information contained therein should be researched and confirmed to assure currency.
  • American Bar Association
  • Arizona Association for Justice
  • Arizona State Bar Association
  • Maricopa Bar Association
  • National Crime Victim Bar Association
  • American Association for Justice
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