Understanding Mass. Social Host Liability Laws

November 20, 2012

Here’s a familiar scenario: A teenager goes to a party, drinks heavily and drives away under the influence. Then, every parent’s worst nightmare comes true — the teen dies in a car crash. Who is liable?

The answer is, “It depends.”

Massachusetts law is clear on a few things. If the young person was at an adult’s house, and the adult furnished the alcohol, the adult is indeed liable, according to the state’s “social host” liability laws.

But what if the party didn’t take place in someone’s home? What if the underage drinker had been with thousands of other people on commercial party? Who would be liable then?

To discuss Mass. social liability laws, Radio Boston is joined by two Boston lawyers.

Guests:

Richard Campbell, founder of the Campbell, Campbell, Edwards and Conroy law firm in Boston and former president of the Massachusetts Bar Association. He argued the last major social host liability case Massachusetts, Juliano v. Simpson, ruled on by the Supreme Judicial Court.
Joe Desmond, civil defense lawyer at Morrison Mahoney law firm in Boston

More:

Lawsuit, Underage Drinking Test Liability Of Kraft, Gillette Stadium

Other stories from this show:

Stevebanner123

I often camp at Massachusetts state parks. On occasion there will be a group of drunk rowdy campers . The next day after a long and loud night of neighboring campers, I spoke with the campground Ranger. He told me that state police handle any complaint calls. He also said if they show up and the party is drunk they cannot kick them out because they cannot put them on the road drunk. This was about 7 years ago, so I know that policy has been in place by the State Police for
a while. This is 1 reason why alcohol is prohibited in state parks now.
Andy F

Thank you for this segment this afternoon – it was very interesting to listen to. That said, I must admit that I was pounding the dashboard as I listened to some of the most idiotic commentary from what otherwise would have been two (lawyers) good guests.
Why are the Kraft family getting whacked for the clearly illegal and stupid behavior of a couple of obviously very poorly raised 20-somethings? What the heck EVER happened to personal responsibilty??? These girls drank illegally and then were utterly stupid enough to get behind the wheel. You want someone to sue over this? TRY THE DAMN PARENTS!!! What morons raise children so obtuse that they dont get the dangers inherent is this kind of very obvious dangerous situation? I am sorry some young people died, but then again, how these clowns make the leap that the Kraft Family is responsible shows a complete lack of common sense, and the very behavior we would like our children to imitate.
LONG before you hold the Kraft family responsible I think the parents of these kids come WAY ahead of the Krafts. Why doesnt someone sue them for failing to raise decent, informed and cautious children?
We have become a country where even murder seems to be excusable. “No Officer, I didnt shoot him – he stepped in the way of my bullets…” I cant wait until we hear that argument – no doubt its coming soon.
Leave the Krafts alone on this one, the only people responsible here are these idiot girls, and their idiot parents. Remember, had they been raised much better, they never would have even been at Gillette stadium to meet their sad, but inevitable fate.
Billmille

I agree with Andy F that the kids and parents are responsible for their actions. I also feel that the police should not have put these drunken idiots and many others on the road. It risked public safety. Anyone who did not belong there, regardless of age and was not fit to drive should have been arrested. Not put behind the wheel. Underaged drinkers should also been charged as such. As drunk as these people where, it is the job of the police to keep them off the road. That’s what we pay the police for. If someone gets stopped at a road block and are drunk, the cops don’t send them on their way. I don’t think the Kraft family should get wacked for this. The kids and their negligent parents are responsible for their actions and the police are negligible for not doing their job.
Billmille

A typo in my post…” police are negligent for not doing their job.”

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Understanding Mass. Social Host Liability Laws