In a recent development, the Arizona Supreme Court in Torres v. JAI Dining Servs. (Phx.) Inc., ruled that common law dram shop actions do not warrant constitutional protection. As a result, the legislature’s establishment of a statutory dram shop claim supersedes the prior common law dram shop cause of action.
Essentially, the progression towards rendering the statutory action mandatory means that any individual intending to sue a bar or any other licensed liquor establishment for damages caused by a drunk driver must adhere to the provisions of the new statutory regulation.
The statutory standard now requires the claimant to demonstrate that the drunk person involved in the incident was significantly intoxicated when supplied alcohol by the defendant – the bar or liquor licensee. This new development underscores a critical legislative alteration that may impact how legal pursuits against drinking establishments are conducted in Arizona.
A dramatic shift from precedent, it is this court ruling that formally terminates the erstwhile common law claim. The impact on future claimants and liquor-serving establishments is likely to be profound as it alters their legal strategy and challenges traditional legal norms within the industry.
The potential ramifications for the wider legal community and stakeholders in the hospitality industry warrant continuous monitoring and careful analysis.