10.3 Common Law Negligence and Defenses.

JurisdictionArizona

10.3 Common Law Negligence and Defenses.In order to prevail on an action for common law dram shop liability, a plaintiff must establish each of the elements of a traditional negligence claim. The common law cause of action for dram shop liability was first recognized in Arizona in Ontiveros v. Borak,3 and its companion case Brannigan v. Raybuck.4 The Ontiveros court expressly abandoned its prior opinions in Pratt v. Daly,5 and Collier v. Stamatis,6 which had established a rule of no liability for liquor...

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