Massachusetts Highest Court today declined to extend social host liability to a nineteen year old who hosted a party for her underage friends while her parent was away.  The case is   
Juliano v. Simpson, SJC -10843.

Alcohol was in generous supply at the party.  However, it was not supplied by the underage host.  The teens brought their own.  Tragically, after the party, a car driven by an intoxicated nineteen year old partygoer crashed into a utility pole seriously injuring his sixteen year old girlfriend.  The girlfriend’s parents sued the nineteen year old host, claiming that she should be liable for allowing underage drinking to occur at her house.

It was pointed out that a Massachusetts statute (M.G.L. c. 138, s. 34) makes it a crime for a person to allow underage drinkers to possess alcohol on property owned or controlled by the person. That crime is punishable by up to one year in prison and a $2,000 fine.  They argued that since there could be criminal liability for allowing alcohol to be possessed by underage drinkers at the house, there should be civil liability as well.

Fortunately for this underage social host, the Court found that there was no liability because she had not provided the alcohol or made it available.

The Court held that it was not enough to provide a location where underage drinkers are permitted to consume alcohol. Social host liability does not occur unless the host either serves alcohol or exercises effective control over the supply of alcohol. 

The Court discussed past cases of social host liability involving underage drinking.  For instance, no social host liability was found against parents who allowed their underage children to host parties at which alcohol was served as long as the parents did not supply the alcohol or make it available.  It did not matter if the parents were home or not, or whether they knew about the alcohol.  

However – to parents in these situations – a criminal charge can still be made against you for allowing underage drinkers to possess alcohol.

With regard to adult hosts and guests, there is no social host liability if the drunk guest hurts someone, as long as the host did not supply the alcohol or make it available.  If the host did supply the alcohol, there would be liability if the host should have known the guest was drunk but continued to let them drink.    

One lesson from all of this is that it is less risky (and of course less expensive) to have your guests bring their own!