NCJ Number
108062
Journal
North Dakota Law Review Volume: 59 Issue: 3 Dated: (1983) Pages: 445-477
Date Published
1983
Length
33 pages
Annotation
The article examines the civil liability of a social host to a third party who is injured by the negligent act of a guest. The liability is examined based on dram shop acts, alcoholic beverage control acts as they exist in various States, and common law negligence principles.
Abstract
Early common law limited recovery for injuries caused by an intoxicated person to the individual drinker. No recovery was allowed against the liquor seller. However, many States have passed laws called dram shop acts that impose civil liability for damages on innkeepers for the harm arising from the sale of intoxicating liquors. A plaintiff suffering an injury to his means of support or damage to his person or property must prove five elements to recover under a dram shop act. The article discusses the five elements that link violation of the statute to the actual harm suffered by the third party. There is no civil liability extended to social hosts under dram shop acts. Social hosts have been found liable based on a violation of a State alcoholic beverage control act. Courts have also extended civil liability to commercial vendors for injuries caused by intoxicated persons served in violation of alcoholic beverage control statutes. Using common law negligence analysis, some courts have found tavern owners liable in tort if they serve alcohol to an under-age and intoxicated minor whose acts, while intoxicated, cause injury or death to a third party. Only a few courts impose liability on a social host under common law negligence principles. The article argues that courts should extend civil liability to social hosts who contribute to a driver's intoxication. 316 footnotes.