Wrongful Death?

[skyspirit]

What is the name of your state? Incident occured in Arizona


My step father was an alcoholic. One day, right before last Christmas, he went to the local bar at 9 am. He continued drinking ALL DAY. He got home at approximately 8 pm--and my mother said he was more drunk than she had ever seen in 20 years. He took out his gun, fumbled with it, and it went off. The bullet hit him in the head, and he died instantly right in front of my mother.

My question is this: What responsibility does the bartender have (if any) for not "cutting him off" of the alcohol? Would this be Wrongful Death? Is it Civil or Criminal?

My mother said she had talked to ALL of the bartenders at the bar and told them all (before this happened) that he was an alcoholic and couldn't stop drinking.

Also--he was VERY visibly drunk. He had a difficult time walking and was slurring his words horribly.

Thank you for your answers!

 

[BelizeBreeze]

Under Arizona law, it is improper for an establishment which sells or furnishes liquor to provide it to a person who is obviously intoxicated. While it may be difficult to determine whether a person is obviously intoxicated, something that often can be proven through the use of medical expert witnesses, Arizona law also recognizes a claim for negligently serving an excessive amount of alcoholic beverages.

The problem your mother will have is proving that the bartenders knew or should have known that he was 'visibly intoxicated' and that as a result of his intoxication, the 'accident' occurred.

The best advice I can give you is to have your mother contact a personal injury attorney in Arizona to determine if there is sufficient grounds to begin a liability suit.

Any action for damages would come under the Arizona Dram Shop Statute.