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Jarrett v. Woodward Bros.5/25/2000
ocent third-parties, who come within the protection of the statute. See Rong Yao Zhou, 534 A.2d at 1275. Applying the same analysis as in Rong Yao Zhou to this appeal, and viewing the facts in the light most favorable to the Jarretts, the record supports that Winston's violated § 25-121 (b) by serving Adam Jarrett, an underage patron who appeared to be visibly intoxicated. The question that immediately presents itself is whether an intoxicated underage patron, such as Adam Jarrett, like the third parties injured in Rong Yao Zhou, also is a "member of the class" that the statute was designed to protect. We hold that he is.
We reach that conclusion because the legislature has expressed a policy, in unequivocal terms, that requires tavern keepers not to "permit on the licensed premises the consumption of alcoholic beverages" by underage and intoxicated persons. D.C. Code § 25-121 (b). The legislature has authorized stiff penalties for violation of the statute, from fines of up to $1,000 and imprisonment up to one year, see D.C. Code § 25-121 (a), to suspension and revocation of the liquor license, see D.C. Code § 25-118 (a). Although Rong Yao Zhou involved injuries resulting from the conduct of a drunk driver, it did not preclude application of its reasoning to injuries resulting from the actions of an intoxicated pedestrian who is injured by a car. As the court noted:
Although the facts before us involve accidental injuries resulting from a motor vehicle accident, a similar analysis would be appropriate for other types of accidental injuries associated with the excessive consumption of alcohol. 534 A.2d at 1275 n.5. Here, as in Rong Yao Zhou, the issue is whether, assuming that the tavern keeper violated the standard established by the legislature, it breached a duty owed to the claimant.
We recognize that a voluntarily-intoxicated underage patron is not as appealing a claimant as the innocent third parties involved in Rong Yao Zhou. Indeed, such a person also violates the law and, at the time of Adam Jarrett's death, could be imprisoned up to one year, fined up to $1,000, and have driving privileges suspended. See D.C. Code §§ 25-130, -132 (a) (1996). Setting aside for the moment the issue of whether the intoxicated person's own fault in causing his or her injuries precludes the tavern keeper's liability, which we discuss infra, we conclude that to exclude intoxicated underage patrons from the zone of the statute's protection would be contrary to legislative intent. In so doing, we recognize, as we did in Rong Yao Zhou, that
iquor control laws frequently have multiple purposes, . . . and our courts have held that a liberal and reasonable construction shall be given these statutes in view of their remedial objects and purposes so as to effect these purposes. The courts of other jurisdictions, examining prohibitions nearly identical to § 25-121 (b), have concluded that such an enactment unquestionably reflects a legislative concern for the clear dangers surrounding the sale or provision of alcohol to those who cannot safely consume it. Violation of statutes that prohibit sale of alcoholic beverages to intoxicated persons or to minors has been the most common basis upon which courts have found breach of the duty of care that is necessary for imposing tort liability on tavern keepers for resulting injuries. 534 A.2d at 1276 (citations, alterations, quotation marks, and footnote omitted) (emphasis added).
The statute before us imposes a number of duties on the defendant, specifically, and most relevant to this appeal, the obligation not to "permit" the consumption of alcohol by underage or intoxicated persons. See D.C. Code § 25-121 (b) (1996). In order to det
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