The Arizona Legislature’s Enactment of A.R.S. § 4-312(B) Abrogated Common Law Dramshop Claims

The Arizona Supreme Court held today in Torres v. JAI Dining Servs. (Phx.) Inc., that the constitution does not protect common law dram shop actions, and thus, the legislature, by enacting a statutory dram shop claim, abrogated the then-existing common law dram shop cause of action. Abrogating the common law claim means that in order to sue a bar or other liquor licensee for injuries caused by a drunk driver, a claimant must meet the statutory standard—demonstrating that the drunk driver was…
By: Jones, Skelton & Hochuli, P.L.C.
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