Bar Exam — MBE (Multistate Bar Exam)TortsHard
A homeowner hosted a large party. One of the guests, who had consumed several alcoholic beverages, became visibly intoxicated. Despite the homeowner's knowledge of the guest's intoxication, the homeowner did not attempt to prevent the guest from driving home. The intoxicated guest subsequently caused a car accident, injuring another driver. In a jurisdiction that follows the common law rule regarding social hosts, can the homeowner be held liable for the injured driver's damages?
- ANo, because social hosts generally owe no duty to third parties injured by their intoxicated guests.
- BNo, because the guest's actions were an unforeseeable intervening cause.
- CYes, under premises liability for failing to control a dangerous guest.
- DYes, under dram shop laws, as the homeowner provided alcohol.
Show answer & explanationAnswer & explanation
Correct answer: A. No, because social hosts generally owe no duty to third parties injured by their intoxicated guests.
Under common law, social hosts generally are not liable to third parties for injuries caused by their intoxicated guests. Most jurisdictions have specific dram shop acts or statutes to impose such liability, but absent such a statute, the common law rule prevails.
Why the other options are wrong
- B. While the guest's actions are intervening, the core issue is the absence of a duty under common law for social hosts.
- C. Premises liability typically concerns dangers on the property itself, not the actions of guests once they leave.
- D. Dram shop laws apply to commercial establishments (bars, restaurants) that sell alcohol, not typically to social hosts, unless specifically extended by statute.
Social Host Liability (Common Law)
Under common law, social hosts generally owe no duty to third parties injured by their intoxicated guests.
- Distinguished from commercial sellers (dram shops).
- Many states have modified this rule by statute.
- Focuses on the lack of duty to control an adult guest's off-premises actions.
Memory trick: Host's Hands Off, Unless Law Steps In.