Unformatted text preview: Holding: Trial case reversed and remanded judgment for the Appellant Hernandez. The fraternity and the other defendants had a duty of care to avoid furnishing alcohol to underage consumers. Reasoning: The common law provides: One who supplies [a thing] for the use of another whom the supplies knows or has reason to know to be likely because of his youth, inexperience, or otherwise to use it in a manner involving unreasonable risk of physical harm to himself and others is subject to liability for physical harm resulting to them. The conduct in question violated well-established common-law principles that recognize a duty to avoid furnishing dangerous items to those known to have diminished capacity to use them safely. The Appellees had a duty of care to avoid furnishing alcohol to under aged consumers....
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- Spring '11
- Law, blood alcohol content, Appellant Hernandez, Hernandez V. Arizona