Good evening whools-ga!
First let me begin by saying that I am not a lawyer and I cannot give
you legal advice so if you are in a situation where you need legal
representation, please seek the help of a professional lawyer.
With that said, I can tell you that any personal representative may
sue on behalf of an estate of a deceased so long as there is a willing
attorney. Whether or not that case is viable is up to the attorney
and the courts. Can they sue you because you because you served
alcohol to someone who, in turn, drove drunk and hurt themselves, died
or hurt/killed someone else? Yes.
Arizona, Colorado, Connecticut, Florida, Georgia, Idaho, Indiana,
Iowa, Louisianna, Maine, Massachusetts, Michigan, Minnesota,
Mississippi, Montana, New Hampsire, New Jersey, New Mexico, New York,
North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Texas, Utah,
Vermont, Washinton, Wisconsin & Wyoming all hold social hosts
responsible for harm caused by their guests.
By early 2004, at least 43 states had laws on the books or case law
(law that comes about through a court ruling rather than an act of the
legislature) that hold commercial servers of alcohol liable for the
harm caused by their intoxicated patrons...Thirty-one states hold
social hosts responsible for harm caused by their guests.
SOURCE: Insurance Information Institute
( http://www.iii.org/media/hottopics/insurance/drunk/ )
The term "social host" means anyone who hosts a social gathering,
including private individuals, employers, and organizations.
SOURCE: NC State University
( http://www.ces.ncsu.edu/depts/fcs/pub/social.html )
=================
In 1984, in Kelly v. Gwinnell, the court made clear that the standard
of liability was the same regardless of whether the host was
commercial or social, and whether the guest was a minor or an adult.
SoOURCE: A New Jersey Case on Drunk Driving and Tort Law
( http://writ.news.findlaw.com/sebok/20031020.html )
=================
What is the legal liability of the social host who serves alcoholic
beverages to a guest who later causes an accident?
North Carolina first addressed this issue in 1992 when it became the
11th state to recognize liability of a social host who serves liquor
to a guest who later drives drunk and causes injury to a third person.
A social host may be liable for resulting property damage and personal
injury if the following requirements are met.
1. The social host served alcohol to a person
2. when he knew or should have known the person was intoxicated, and
3. when he knew the person would be driving afterwards.
Social host liability is not automatic if a guest drives drunk and
injures someone. Each of the three elements must be proven. The first
and third elements are the easiest to prove. The second element,
however, may be more difficult. The fact that the guest was drunk at
the time of the accident is irrelevant for social host liability.
There must be evidence relevant to the time the guest is served the
alcohol and evidence of any outward manifestations which would
reasonably lead the host to know that the guest is under the
influence. If all other guests testify that the guest in question did
not appear drunk at the party, then there is no social host liability.
Social host liability is limited to injuries suffered by third
parties. A social host is not liable for injuries sustained by the
drunken guest. The guest is barred from suing the person who served
him alcohol because the guest is also negligent. The social host may
be liable, however, for injuries sustained by passengers of the guest,
unless the jury finds that the passengers were negligent in riding
with the guest.
SOURCE: NC State University
( http://www.ces.ncsu.edu/depts/fcs/pub/social.html )
=================
Sadly enough -
"It seems that a judge in Ontario found an employer 25% responsible
for the actions of one of it's employees (Linda Hunt), who happened to
leave a staff party drunk, and subsequently crashed her car, leaving
her with various injuries, and brain damage..."
SOURCE: Hey suburbia - We're in Love With You
( http://www.heysuburbia.com/cgi-bin/m4/headline/01_02_06_16_39 )
I hope this information is useful and should this answer require a
further explanation, please request clarification before rating it,
and I will be happy to look into this further.
Nenna-GA
Google Answers Researcher
Google Search Terms: tort law, drunk driving, host, standard of liability |
