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Home > Statutes > Usa Arizona

USA Statutes : arizona
Title : Alcoholic Beverages
Chapter : CIVIL LIABILITY OF LICENSEES AND OTHER PERSONS

4-301 Liability limitation; social host
A person other than a licensee or an employee of a licensee acting during the
employee's working hours or in connection with such employment is not liable in damages
to any person who is injured, or to the survivors of any person killed, or for damage to
property, which is alleged to have been caused in whole or in part by reason of the
furnishing or serving of spirituous liquor to a person of the legal drinking age.

4-302 Notice of litigation
A. A person filing a claim for relief seeking damages from a licensee and alleging
that a person was injured or damage occurred which was caused in whole or in part by
reason of the furnishing or serving of spirituous liquor by the licensee or an employee
of the licensee to any person shall file a copy of the complaint with the department
within ten days after filing the complaint.
B. A licensee who has been served with a complaint alleging the provisions of
subsection A shall file a copy of the complaint with the department within ten days after
the service.
C. A licensee or controlling person who files a petition in bankruptcy shall file
notice of the petition with the department within ten days after the filing or entry and
shall advise the department within ten days of a dismissal or discharge by any means.
D. A licensee or controlling person who files a bankruptcy dismissal or discharge
shall file notice of the dismissal or discharge with the department within ten days after
the filing.

4-311 Liability for serving intoxicated personor minor; definition
A. A licensee is liable for property damage and personal injuries or is liable to a
person who may bring an action for wrongful death pursuant to section 12-612 if a court
or jury finds the following:
1. The licensee sold spirituous liquor either to a purchaser who was obviously
intoxicated, or to a purchaser under the legal drinking age without requesting
identification containing proof of age or with knowledge that the person was under the
legal drinking age, and
2. The purchaser consumed the spirituous liquor sold by the licensee, and
3. The consumption of spirituous liquor was a proximate cause of the injury, death
or property damage.
B. For the purposes of subsection A, paragraph 2 of this section, if it is found
that an underage person purchased spirituous liquor from a licensee and such underage
person incurs or causes injuries or property damage as a result of the consumption of
spirituous liquor within a reasonable period of time following the sale of the spirituous
liquor, it shall create a rebuttable presumption that the underage person consumed the
spirituous liquor sold to such person by the licensee.
C. For the purposes of this section "obviously intoxicated" means inebriated to
such an extent that a person's physical faculties are substantially impaired and the
impairment is shown by significantly uncoordinated physical action or significant
physical dysfunction, that would have been obvious to a reasonable person.

4-312 Liability limitation
A. A licensee is not liable in damages to any consumer or purchaser of spirituous
liquor over the legal drinking age who is injured or whose property is damaged, or to
survivors of such a person, if the injury or damage is alleged to have been caused in
whole or in part by reason of the sale, furnishing or serving of spirituous liquor to
that person. A licensee is not liable in damages to any other adult person who is
injured or whose property is damaged, or to the survivors of such a person, who was
present with the person who consumed the spirituous liquor at the time the spirituous
liquor was consumed and who knew of the impaired condition of the person, if the injury
or damage is alleged to have been caused in whole or in part by reason of the sale,
furnishing or serving of spirituous liquor.
B. Subject to the provisions of subsection A of this section and except as provided
in section 4-311, a person, firm, corporation or licensee is not liable in damages to any
person who is injured, or to the survivors of any person killed, or for damage to
property which is alleged to have been caused in whole or in part by reason of the sale,
furnishing or serving of spirituous liquor.

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