ARS 4-244(14) Interpretation
In Ontiveros v. Borak, 136 Ariz. 500, 667 P.2d 200 (1983), the court concluded that tavern owner liability could be premised on statutory authority, specifically A.R.S. 4-244(14) (making it unlawful for a licensee to furnish alcohol to an intoxicated person). Id. at 509, 667 P.2d at 209.
The supreme court held that a tavern owner is under a duty, imposed both by common law principles and statute, to exercise affirmative, reasonable care in serving intoxicants to patrons who might later injure themselves or an innocent third party, whether on or off the premises. Ontiveros, 136 Ariz. at 508-11, 667 P.2d at 208-11.
In Ontiveros, the Arizona Supreme Court stated "that furnishing alcohol, consumption of alcohol and subsequent driving of a vehicle which is then involved in an accident are all foreseeable, ordinary links in the chain of causation leading from the sale to the injury." 136 Ariz. at 507, 667 P.2d at 207.