Arizona Bar and Restaurant Laws

The following Arizona laws and regulations for Bars help protect families from the dangers created by those who are intoxicated.

Pursuant to A.R.S. 4-311(A) – a drinking establishment is liable for property damage and personal injuries or wrongful death if a court or jury finds all of the following:

1. The bar sold alcohol either to a purchaser who was obviously intoxicated, or to a purchaser under the legal drinking age
2. The purchaser consumed the alcohol sold by the bar
3. The consumption of alcohol was a cause of the injury, death or property damage.

Arizona Bar Room Liability

Arizona Law requires the protection of patrons as they enter, remain or leave bar premises. Under, A.R.S. 4-244(37), bar employees are required to report an occurrence of an act of violence to the proper officials or law enforcement agency. This means, if an employee of a bar witnesses a violent altercation anywhere on the property of the bar, including the parking lot, they must take reasonable action to intervene in the situation by reporting the situation to the proper officials or law enforcement officers.

Arizona Law also makes bars liable for any damages that occur after they sell alcohol to a purchaser who was obviously intoxicated or under the legal drinking age (A.R.S. 4-311(A)(1-3)). This law makes bars liable in both personal injury and wrongful death lawsuits.

What damages can I be awarded in a bar liability case?

Alcohol related liability cases for injuries or death generally seek monetary damages and are therefore considered to be “civil lawsuits”. Some of the damages a victim can recover include any quantifiable loss, such as:

• Any medical related expense, including (but not limited to) hospitalization, emergency care, rehabilitation, surgery, therapy, etc.
• Lost benefits and wages, including what may have been earned if a total disability had not resulted in the inability for the victim to work.
• The replacement costs for all damaged property.
• Pain and suffering.

If an intoxicated individual causes an injury to someone else, Arizona law allows the injured party claim damages from the injury-causing person, as well as from the social host or vendor who provided the alcohol to the person who was intoxicated and caused the injury.

Is there a statute of limitations on bar room liability cases?

A bar room liability case is subject to a statute of limitations as short as one year. This means a case surrounding bar room liability may need to be filed within one year of the date of the incident or you could be forever barred from pursuing a lawsuit for damages.

If you, or someone you know has suffered an injury or damages due to bar room liability, contact an attorney right away. David J. Klink, Attorney at Law, helps Arizonans receive compensation from responsible parties in bar room liability cases.