Arizona Dram Shop Litigation

Dram shop liability litigation has taken up a large part of our practice over the last several years. During that time, Schneider & Onofry, P.C. has handled upwards of one hundred (100) dram shop cases. While most of these cases are settled, Jon Schneider alone has tried and obtained defense verdicts in three (3) dram shop cases in the last 18 months.

We have found several common defense themes. We seek to demonstrate that the bar was not negligent because the customer was not "visibility intoxicated." This involves delving into the driver's background and drinking history because experienced drinkers find ways to limit or "mask" their symptoms. We question whether the driver's intoxication is what actually caused the accident. We develop the fault that should be apportioned to the intoxicated driver. Almost invariably, the intoxicated driver (designated as a non-party) has some prior alcohol-related offenses. Limiting the issues at trial is important by obtaining summary judgment on claims for punitive damages, negligent training, and statutory "visible intoxication." Finally, we are aggressive in filing motions in limine which would preclude the introduction of prejudicial evidence such as other reported incidents of over-serving, acts of violence, and miscellaneous liquor violations. Trial judges frequently exclude this evidence as being irrelevant and unduly prejudicial.

As a result of our experience, the attorneys at Schneider & Onofry, P.C. are familiar with the issues which typically arise, the types of experts involved, and have even gained familiarity with the "usual suspects" that the parties use for experts. We are familiar with the issues involving the different types of devices used, including roadside PBT tests, breahtalyzer tests, and blood draws. We have also gained a working knowledge of those factors affecting an individual's impairment, including their weight, elimination rate, and other miscellaneous factors.

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When you do not have the necessary safeguards, you want an experienced law firm representing your best interests in court. Contact us to schedule an initial consultation. We represent clients throughout Arizona from our law offices in Phoenix, Tucson, and Yuma.