Supreme Judicial Court of Massachusetts February 21, 2012
Facts: Defendant invited Plaintiff’s boyfriend, Dunbar, and a few friends for a party at her house while her parents were away. Plaintiff went with Dunbar and they brought beer and rum with them to the party. Dunbar had a few beers and a couple mix drinks. He insisted on driving the plaintiff home after they left the party. The vehicle ran into a utility pole and they both sustained injuries.
Issue #1: Whether or not an underage person who does not provide alcoholic beverage but provide a location to others to consume owes a duty of care to intoxicated guests who are later injured.
No. Violation of G.L.c. 138 § 34 cannot establish social host liability. Unless a social host actually served alcohol or made it available, she could be held liable for injury to third parties caused by the drunk driving of a guest. Only nine state extend social host liability to a host who provided a location for underage drinking. (LP)
