preview

Social Host Liability Laws Are Enacted Essay

Decent Essays

Social host liability laws are enacted to hold hosts accountable for any alcohol related injuries that were the result of the host serving alcohol to minors (under the age of 21 for this discussion) or adults. Presently, the State of Setonia has no formalized common-law duty addressing social host liability. In light case recently heard in the Setonia Court where a clearly intoxicated driver struck a pedestrian after departing a social gathering, it was questioned if Setonia should seek to formulate a common-law duty for social host to prevent guests from departing a social gathering and driving while intoxicated, impaired, or under the influence of alcohol. Two court decisions, with markedly opposed decisions, from Delaware (Shea v. Matassa, 2007) and North Carolina (Hart v. Ivey, 1992), were reviewed in anticipation of the potential formulation of a common-law duty of a social host to prevent guests from departing a social gathering and driving while intoxicated, impaired or under the influence of alcohol. BRIEF ANSWER The State of Setonia should recognize the social host liability and develop the common-law duty of social hosts to prevent their guests, though reasonable care concept, from operating a motor vehicle while under the influence of alcohol or while intoxicated. FACTS The State of Setonia has yet to resolve the issue of social host liability and potentially develop a common-law duty of social host to prevent guests who are intoxicated, impaired or under

Get Access