NCJ Number
108132
Journal
Washington Law Review Volume: 60 Issue: 2 Dated: (1985) Pages: 389-406
Date Published
1985
Length
18 pages
Annotation
Tort law should be reformed to compensate persons injured due to the negligent conduct of social hosts who permit a guest to consume alcoholic beverages beyond the legal limit when the host knows the guest will subsequently be operating a motor vehicle.
Abstract
The courts should recognize that a social host has a duty to take reasonable steps to prevent an intoxicated guest from operating a motor vehicle if the host has served alcohol to the guest to the point of obvious intoxication, the host knows or should know that the guest is intoxicated, and the host knows or should know that the intoxicated guest will be operating a motor vehicle. The requirement of 'reasonable' steps should place a greater burden of action on those purveyors of alcohol who have the resources and manpower to keep an intoxicated guest or patron off the road. The relative lack of expertise of a social purveyor in detecting intoxication is not a reason to grant the purveyor absolute immunity. Legislatures should direct the traffic safety commission to provide information to social hosts on how to deal with intoxicated guests and minimize the risk of serving alcohol in a social setting. Legislation should also ensure compensation for drunk victims when damage judgments are inadequate. 117 footnotes.