TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Count I - Dram Shop Liability (A.R.S. § 4-311)
6. Count II - Negligence Per Se
7. Damages
8. Jury Demand
9. Prayer for Relief
10. Verification
11. State-Specific Notes
12. Sources and References

CAPTION

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF [________________________________]

[________________________________],
Plaintiff,

v.

[________________________________] (d/b/a [________________________________]),
Defendant(s).

Case No.: [________________________________]

PARTIES

1. Plaintiff [________________________________] is a resident of [________________________________] County, Arizona, and is the person injured as a result of the acts described herein.

2. Defendant [________________________________] (hereinafter "Licensee Defendant") is a licensee under Arizona's liquor laws, operating as [________________________________], located at [________________________________], [________________________________] County, Arizona.

3. [________________________________] (hereinafter "Intoxicated Person") was at all relevant times a patron who was served alcoholic beverages by the Licensee Defendant.

JURISDICTION AND VENUE

4. This Court has jurisdiction over this action pursuant to the Arizona Constitution, Article VI.

5. Venue is proper in this County pursuant to A.R.S. § 12-401 because the acts giving rise to this claim occurred in [________________________________] County, Arizona.

FACTUAL ALLEGATIONS

6. On or about [__/__/____], the Intoxicated Person entered the Licensee Defendant's premises at [________________________________].

7. The Licensee Defendant, through its agents, employees, or servants, sold or served alcoholic beverages to the Intoxicated Person.

8. At the time of service, the Intoxicated Person was "obviously intoxicated" within the meaning of A.R.S. § 4-311, as evidenced by physical impairment that would have been obvious to a reasonable person, including:

☐ Slurred speech
☐ Impaired balance or coordination
☐ Glassy, bloodshot, or unfocused eyes
☐ Aggressive, belligerent, or erratic behavior
☐ Inability to handle objects or currency
☐ Strong odor of alcohol
☐ Drowsiness or loss of consciousness
☐ Other: [________________________________]

9. Despite the Intoxicated Person's obvious intoxication, the Licensee Defendant continued to sell or serve alcoholic beverages.

10. The consumption of the alcoholic beverages served by the Licensee Defendant was a proximate cause of the Intoxicated Person's impairment.

11. Following service, the Intoxicated Person [________________________________] [describe injurious conduct, e.g., "operated a motor vehicle and struck Plaintiff"].

12. As a direct and proximate result, Plaintiff suffered injuries including but not limited to [________________________________].

COUNT I - DRAM SHOP LIABILITY (A.R.S. § 4-311)

13. Plaintiff re-alleges and incorporates paragraphs 1 through 12.

14. Pursuant to A.R.S. § 4-311, a licensee is liable for property damage and personal injuries or death when the licensee sold liquor to a purchaser who was obviously intoxicated, and the consumption of the liquor was a proximate cause of the injury, death, or property damage.

15. The Licensee Defendant sold or served liquor to the Intoxicated Person at a time when the Intoxicated Person was obviously intoxicated.

16. The consumption of such liquor was a proximate cause of Plaintiff's injuries and damages.

17. As a result, the Licensee Defendant is liable to Plaintiff for all damages suffered.

COUNT II - NEGLIGENCE PER SE

18. Plaintiff re-alleges and incorporates paragraphs 1 through 12.

19. Arizona liquor laws, including A.R.S. § 4-244, prohibit the sale or service of alcohol to obviously intoxicated persons.

20. The Licensee Defendant violated this statutory prohibition by selling or serving alcohol to the Intoxicated Person when the Intoxicated Person was obviously intoxicated.

21. This statutory violation constitutes negligence per se.

22. Plaintiff is a member of the class of persons the statute was designed to protect, and the harm suffered is the type of harm the statute was designed to prevent.

23. As a direct and proximate result, Plaintiff has suffered damages as set forth herein.

DAMAGES

24. As a direct and proximate result of the Defendant's conduct, Plaintiff has suffered:

☐ Past and future medical expenses: $[________________________________]
☐ Past and future lost wages and earning capacity: $[________________________________]
☐ Pain and suffering: $[________________________________]
☐ Mental anguish and emotional distress: $[________________________________]
☐ Loss of enjoyment of life: $[________________________________]
☐ Property damage: $[________________________________]
☐ Punitive damages (where supported by clear and convincing evidence of an evil mind)
☐ Other: [________________________________]

JURY DEMAND

25. Plaintiff hereby demands a trial by jury on all issues so triable.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:

a. Enter judgment against Defendant(s) and in favor of Plaintiff;
b. Award compensatory damages in an amount to be determined at trial;
c. Award punitive damages as warranted by the evidence;
d. Award pre-judgment and post-judgment interest;
e. Award costs and reasonable attorney's fees as permitted by law;
f. Grant such other and further relief as this Court deems just and proper.

NOTICE REQUIREMENT: Within ten (10) days after filing this Complaint, a copy shall be filed with the Arizona Department of Liquor Licenses and Control pursuant to A.R.S. § 4-302.

VERIFICATION

STATE OF ARIZONA
COUNTY OF [________________________________]

I, [________________________________], being duly sworn, state that I have read the foregoing Complaint and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

_____________________________________________
[________________________________], Plaintiff

Sworn to and subscribed before me this [____] day of [________________________________], [____].

_____________________________________________
Notary Public
My Commission Expires: [__/__/____]

Respectfully submitted,

_____________________________________________
[________________________________]
Attorney for Plaintiff
[________________________________]
[________________________________]
State Bar of Arizona No.: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

STATE-SPECIFIC NOTES

• Statute: A.R.S. § 4-311 creates dram shop liability for licensees.
• Standard: "Obviously intoxicated" requires physical impairment obvious to a reasonable person.
• Preemption: A.R.S. § 4-312(B) limits tort liability to the statutory cause of action; Torres v. JAI Dining (2023) confirmed this.
• No Damages Cap: Arizona Constitution protects against legislative damage caps.
• Department Notice: A copy of the complaint must be filed with the Department of Liquor Licenses and Control within 10 days (A.R.S. § 4-302).
• Intoxicated Person Bar: Licensees are not liable for injuries to the intoxicated consumer if over the legal drinking age.
• Social Hosts: Generally not liable for serving adults (A.R.S. § 4-301) but may be liable for furnishing alcohol to minors.
• Comparative Negligence: Arizona applies comparative negligence (A.R.S. § 12-2505); damages reduced by plaintiff's percentage of fault.
• Statute of Limitations: Two years from the date of injury (A.R.S. § 12-542).

SOURCES AND REFERENCES

• Ariz. Rev. Stat. § 4-311 (Dram Shop Liability)
• Ariz. Rev. Stat. § 4-312(B) (Limitation on Tort Liability)
• Ariz. Rev. Stat. § 4-301 (General Immunity)
• Ariz. Rev. Stat. § 4-302 (Notice to Department)
• Torres v. JAI Dining Services, Inc., CV-22-0142-PR (Ariz. Oct. 16, 2023)
• Ontiveros v. Borak, 136 Ariz. 500 (1983)