A social host hosted a large party. One of the guests, who had consumed several alcoholic beverages provided by the host, became visibly intoxicated. The host, noticing the guest's condition, nonetheless continued to serve him alcohol. Later, the intoxicated guest drove home and caused a serious car accident, injuring a third party. Under common law principles, is the social host liable to the injured third party?
- ANo, because the guest's act of driving while intoxicated is an intervening superseding cause.
- BNo, because social hosts generally do not owe a duty of care to third parties injured by their guests.
- CYes, if the host knew or should have known the guest would drive home.
- DYes, because the host continued to serve alcohol to a visibly intoxicated guest.
Show answer & explanationAnswer & explanation
Correct answer: B. No, because social hosts generally do not owe a duty of care to third parties injured by their guests.
Under common law, social hosts generally do not owe a duty of care to third parties injured by their intoxicated guests. This is often based on the idea that the drinker's consumption and subsequent actions are the primary cause. Many states have enacted 'dram shop' or social host liability statutes to change this, but without such a statute, the common law rule applies.
Why the other options are wrong
- A. While the guest's driving is an intervening cause, the common law rule on social host liability primarily rests on the absence of a duty, rather than solely on superseding cause.
- C. While foreseeability is a factor in negligence, the common law generally establishes no duty in this specific context for social hosts, regardless of knowledge.
- D. This would be true in many jurisdictions with social host liability statutes, but not under pure common law.
Social Host Liability (Common Law)
Under common law, social hosts generally are NOT liable to third parties injured by an intoxicated guest, as the guest's consumption and subsequent actions are considered the proximate cause of injury.
- Common law traditionally imposes no duty on social hosts.
- Many states have enacted statutes (dram shop acts, social host liability laws) to create such liability.
- Statutes often specify conditions, e.g., serving to minors or visibly intoxicated persons.
Memory trick: Alcohol Liability: Host's No-Duty, Bar's Duty.