Saturday, October 17, 2009
Dram Shop/Social Host Liability?
I have discussed elsewhere issues related to possible liability for injuries casused by intoxicated persons, including the question of whether there should liability on social hosts. See here for a list of posts on these issues. As is widely known, most jurisdictions do not recognize a cause of action against a social host for the injuries caused by guests who leave the hosts' house intoxicated. Many courts have stated that, in part, this result is justified by the fact that social hosts are not experts at determining who is intoxicated. Should this be left to be decided on a case by case basis? Would you be inclined to impose liability on a social host who allowed the guy in the video below to drive away from their parties?