Dram Shop Liability Defense
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Schneider & Onofry has long been a primary go to law firm for insurance carriers seeking effective defense in claims of dram shop liability.
Since the firm's founding in 1999, dram shop liability
litigation has been one of our most significant practice areas, as
Schneider & Onofry attorneys have handled over 100 dram shop cases.
Of 16 Arizona dram shop matters contained in a 2016
compendium, Schneider & Onofry successfully defended insurers in five of
those cases (the most of any Arizona law firm):
Our attorneys are familiar with the issues that
typically arise in dram shop cases, the types of experts involved, and
have even gained familiarity with the "usual suspects" that plaintiffs
use for experts. We are keenly familiar with the different types of
devices used, including roadside PBT tests, breathalyzer tests, and
blood draws. We have also gained a thorough understanding of the factors
affecting an individual's impairment, including retrograde analysis,
elimination rates, and alcohol tolerance.
Henning v. Montecini
Hospitality, Inc., 217 Ariz. 242, 173 P.3d 430 (App. 2007): Summary
judgment in dram shop action affirmed in favor of seller of a bar where
purchase was not completely finalized; seller owed no duty to person injured
by intoxicated patron because seller maintained no control over operation of
Battistello v. The Tilted Kilt of Ariz., LLC, 1
CA-CV 10-0739 (12/22/2011), 2011 WL 6747422: Jury verdict in favor of bar
upheld in dram shop matter
Battistello v. The Tilted Kilt of Ariz., LLC,
1 CA-CV 10-0739 (12/22/2011), 2011 WL 6747422: Jury verdict in favor
of bar upheld in dram shop matter
Anderson v. Graham Bros. et al., 1 CA-CV
09-0254 (8/26/2010), 2010 WL 3366656: Summary judgment in favor of
bar affirmed in dram shop action where patron had been safely
transported home and later left home while still intoxicated,
seriously injuring the plaintiff; intoxicated patron's decision to
leave her home and drive was an intervening and superseding cause
that broke the chain of proximate causation
Dram shop liability is of particular importance in the
hospitality industry. Schneider & Onofry attorneys have represented
numerous hotels, resorts, restaurants and bars in a wide ranges of
issues such as:
Our attorneys have significant experience in
advising hospitality clients on how to prevent accidents and lawsuits.
We collaborate with clients in evaluating staff training procedures,
creating actions plans for defending against certain cases or scenarios,
and educating staff of the potential consequences of violations. We also
advise clients on how to comply with the most recent Arizona dram shop
laws by carrying the necessary liquor liability insurance and on how to
train employees to recognize intoxicated customers.