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The Arizona Supreme Court has ruled in a divided decision, allowing state lawmakers to shield bar owners and bartenders from liability when customers they serve become intoxicated and cause damage and harm.
The majority acknowledged that the Arizona Constitution prevents lawmakers from limiting the right to sue, but a 1986 law limited the ability of victims of drunk drivers to sue the bartenders who overserved them.
Chief Justice Robert Brutinel argued that this limitation only applies to legal claims that existed in 1912 when the state constitution was adopted. He contended that the concept of suing liquor servers for accidents caused by overserving, known as dram shop liability, was created in 1983.
However, Justice Ann Scott Timmer disagreed, stating that it has always been possible in Arizona to sue for negligence when actions cause damage. She believed that it should be no different in dram shop cases, provided one can prove that the owner of the tavern knew or should have known the person was drunk.
Timmer predicted that the ruling would eliminate a crucial deterrent to businesses overserving intoxicated patrons, potentially endangering public safety.
The case involved JAI Dining Services, owners of Jaguars Club in Phoenix, where a customer's drunk driving resulted in fatalities.
The Legislature had partly overridden a 1983 ruling, preserving liability only for "obviously intoxicated" individuals.
The case hinged on interpreting the state's constitution and its historical context.