Cite as 329 Ark. 143 (1997)
erts, 294 N.E.2d 884 (Ohio 1973) (illegal sale to intoxicated person evidence of negligence); Ohio also recognizes statutory liability: Ohio Rev. Code Ann. § 4399.01 (1982); Oklahoma: Brigance v. Velvet Dove Restr., 725 P.2d 300 (Okla. 1986) (third party injured by intoxicated driver had civil cause of action against vendor for illegal sale of alcohol); Oregon: Wiener v. Gamma Phi Chapter of Alpha Tau Omega Fraternity, 485 P.2d 18 (Ore. 1971) (illegal furnishing to minor warrants finding of liability); Pennsylvania: Jardine v. Upper Darby Lodge No. 1973, 413 P.2d 626 (Penn. 1964) (plaintiff may maintain a common law action for injuries received as a result of vendor's sale of liquor); South Carolina: Scott v. Greenville Pharmacy, Inc., 410 S.E.2d 324 (S.C. 1984) (sale of alcohol to a minor is evidence of negligence for jury to examine in determining proximate cause of injuries); South Dakota: Walz v. City of Hudson, 327 N.W.2d 120 (S.D. 1982) (statute prohibiting sale to minors protects them as a class, so violation of statute is negligence per se); Tennessee: Mitchell v. Ketner, 393 S.W.2d 755 (Tenn. 1964) (where it affirmatively appears that the violation of a statute was the proximate cause of injury, the violation of a penal statute is negligence per se); Texas: Poole v. El Chico Corp., 713 S.W.2d 955 (Tx.Ct.App 1986) (inquiry of whether licensee's illegal sale of alcohol was proximate cause of injuries should be determined on case-by-case basis by jury); Utah: Rees v. Albertson, 587 P.2d 130 (Utah 1978) (reasonable minds could believe that selling beer to a minor could be the foreseeable proximate cause of an accident, so the jury should be given this to determine); Utah also has dramshop act: Utah Code Ann. § 32-11-1 (1983 Supp.); Washington: Callan v. O'Neil, 578 P.2d 890 (Wash. 1978) (suit allowed against tavern owner and employee based upon violation of criminal statute prohibiting sale to minors); West Virginia: Anderson v. Moulder, 394 S.E.2d 61 (W.Va. 1991) (violation of statute prohibiting sale of alcohol to minors evidence of negligence for jury to consider); Wisconsin: Sorenson v. Jarvis, 350 N.W.2d 108 (Wisc. 1984) (vendors are guilty of negligent acts if they sell intoxicants to persons they knew or should have known were minors); and Wyoming: McClellan v. Tottenhog, 666 P.2d 408 (Wyo. 1988) (vendor of liquor owes a duty to exercise the degree of care required of a reasonable person in light of all of the circumstances).
