Knowing the Facts
Liquor liablity is a complicated and often misunderstood area of the law in Arizona. Determining negligence in this area of the law is seldom straight forward.
However, as with any area of the law, liquor liability requires a keen legal understanding of the events and individuals involved. Having the right knowledge and insight into your situation can protect you from this frequently misunderstood legal area.
Overview of Liquor Liability
What entails liquor liability is the responsibility of a tavern keeper for injuries caused by intoxicated patrons to other people.
Who is involved in a liquor liability case can be a tavern keeper and a patron that has been over-served. Other parties can included anyone who was harmed by intoxicated patron.
Why tavern keepers are held accountable for the actions of their patrons is due to the court precedent Ontiveros v. Borak, 136 Ariz. 500, 667 P.2d 200 (1983), etc. Under this decision, the seller of alcohol “may be held liable when they sell liquor to an intoxicated person . . . under circumstances where the [seller] . . . know[s] or should know that such conduct creates an unreasonable risk of harm to others who may be injured either on or off premises.”
Where liquor liability occurs are any establishments that have a license for serving alcohol. They therefore have a legal responsibility not to over-serve their patrons.
How a tavern owner is found negligent in over-serving its intoxicated customers, and contributing to any damage done as a result, if they should reasonably know if their conduct will create an unreasonable risk.
Finding Your Solution
Today, tavern owners are held legally responsible if they over-serve their guests. However, this legal situation can quickly become convoluted. Who is responsible for determining if someone is over-served? Was the patron already intoxicated when they arrived at the establishedment? These questions are just some of the legal criteria that can quickly shift responsiblity from tavern owner to patron in the event of an incident.
Proper legal counsel in this often perplexing area of the law can have a tremendous impact on the outcome of any case.
Getting the Right Results
Get the answers you need from an attorney that has proven his expertise for over 39 years in the area of liquor liablity. Receive a free evaluation of your case by completing the form on this page or calling 928-778-2660 today.