You’re here because a drunk-driving crash or bar-related assault changed your day or your life. This guide breaks down how Arizona dram shop liability works and what it means for your claim, in clear terms from a lawyer who’s been trusted by the Arizona community. Geoffrey Trachtenberg is a past President of the State Bar of Arizona and leads Better Call Geoff, a Phoenix trial practice focused on serious injury cases.
What is contained in the Arizona law
Arizona allows actions against licensed retailers, restaurants, and bars (a/k/a “licensees”) if three things are proven:
The business sold alcohol to an obviously intoxicated person or to someone under 21 (without challenging ID or in full knowledge of the age), 2) that person consumed the alcohol sold, and 3) consumption was a proximate cause of injury or death. The law also defines “obviously intoxicated” as outward, considerable physical impairment.
Arizona also limits liability by statute: claims must come within §4-311; dram shop actions at common law are not permissible against licensees. In short, the statute makes it fair.
What about “social hosts”?
Arizona generally shields non-licensees (social hosts) from civil liability for serving adults. That immunity is enacted into law. But not for furnishing liquor to minors, which is a crime and may include extra penalties.
How fault is divided
Arizona has comparative fault. If a jury determines that multiple people are at fault, such as the inebriated driver, your damages can be cut by the proportion you’re responsible for, but your case isn’t dismissed. (No comparative negligence privilege for an individual who willfully or knowingly caused their own harm.)
Time constraints you can’t avoid
The majority of Arizona injury and wrongful-death cases need to be initiated within two years of when the claim occurred. Not doing so could be fatal to your case. Talk with our personal injury attorney in Phoenix early on so that the evidence does not lose its validity.
Why this matters in Phoenix today
Alcohol fatalities remain a significant percentage of Arizona crash deaths. Alcohol fatalities in 2024 dipped to 347 but continued to account for 28% of all traffic deaths, ADOT’s Crash Facts report says. Nationally, alcohol-impaired driving crashes involved 30% of all traffic deaths in 2023. These numbers equal real human lives and preventable injury.
Evidence that advances cases
To determine an Arizona dram shop claim, juries look for objective, contemporary proof. Useful items often involve:
- Point-of-sale documents, video footage, and time-stamped tabs showing further service after observed impairment.
- Employee training records, service records, and witness testimony of slurred speech, stumbling, or lack of coordination.
- Police reports, BAC results, and crash reconstruction linking the service to the damage.
If there is a claim that has service to a person under 21, proof of illegal provision is also crucial.
Insurance companies and defendants will investigate every little thing—who was served what, where the person then went, and if other businesses were involved. Investigation must be thorough. This is where a personal injury lawyer in Phoenix with trial credibility can help build a record that the other side must take seriously.
If you were hurt in an assault or a crash because of overservice, you do not have to sort this out on your own. Consult with our injury attorney in Phoenix, who knows the law, the defenses, and the evidence that wins over juries. Geoffrey Trachtenberg and the Better Call Geoff team are ready to talk about your case and tell you about your options—sincerely and simply.