Dram Shop Liability Complaint - Arizona

Filing companion: Check the filing county's arbitration limit and whether Rules 72–77 or a FASTAR program applies. File the certificate required by that program with this complaint and state whether this case falls within its limit. In a county applying Rule 72, use its separate Certificate on Compulsory Arbitration; a FASTAR county uses its program's certificate rules instead.

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. Damages
7. Jury Demand
8. Prayer for Relief
9. Verification
10. State-Specific Notes
11. 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

Plaintiff claims damages qualifying this action for discovery Tier [1 / 2 / 3] under Ariz. R. Civ. P. 8(b)(2) and 26.2(c)(3).

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 [COUNTY] County under A.R.S. § 12-401 because [DEFENDANT RESIDES IN THIS COUNTY UNDER THE GENERAL RULE / IDENTIFY THE NUMBERED EXCEPTION AND STATE FACTS SUPPORTING IT].

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 sale, the Intoxicated Person was obviously intoxicated under A.R.S. § 4-311(D): physical faculties were substantially impaired, shown by significantly uncoordinated physical action or significant physical dysfunction that would have been obvious to a reasonable person. The observable physical conduct was: [DESCRIBE SPECIFIC ACTION OR DYSFUNCTION].

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

10. The Intoxicated Person purchased and consumed the spirituous liquor sold by the Licensee Defendant; that consumption was a proximate cause of the injury or property damage alleged below.

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. Under A.R.S. § 4-311(A), this claim requires proof that the Licensee Defendant sold spirituous liquor to an obviously intoxicated purchaser, the purchaser consumed that liquor, and the consumption proximately caused the alleged 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 the damages allocated to that Defendant under A.R.S. § 12-2506, subject to any applicable statutory exception.

DAMAGES

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

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

JURY DEMAND

19. 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 post-judgment interest as allowed by law;
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: Under A.R.S. § 4-311(D), physical faculties must be substantially impaired, shown by significantly uncoordinated physical action or significant physical dysfunction 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.
• State injury-damages limits: Arizona Constitution art. II, § 31 generally bars state laws limiting damages for death or personal injury, subject to its express felony-conduct exception.
• 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: Under A.R.S. § 12-2505, if the jury applies contributory negligence or assumption of risk, damages are reduced in proportion to the claimant's causative fault, subject to the intentional/wilful/wanton-conduct exception.
• Statute of Limitations: A.R.S. § 12-542 supplies two years after accrual for an applicable personal-injury action. Determine accrual, tolling, and any claim-specific rule before calculating the filing date.

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)