generally no liability at common law imposed on a social host who serves liquor to a visibly intoxicated adult guest
How later courts described this case
- generally no liability at common law imposed on a social host who serves liquor to a visibly intoxicated adult guest
- discussing Coulter v. Superior Court of San Mateo, 577 P.2d 669 (Cal. 1979); Figuly v. Knoll, 449 A.2d 564 (N.J. Super. Ct. Law Div. 1982)
- “We agree with this common law view, and consequently hold that there can be no liability on the part of a social host who serves alcoholic beverages to his or her adult guests.”
- compiling definitions of the social host doctrine utilized in various jurisdictions
Written by the judges who cited it.
Distinguished
Distinguished by Currie v. Phillips, 70 Pa. D. & C.4th 401 (2005)
The Supreme Court held that the rule in Klein is inapplicable in those situations where an adult provides a minor with alcohol.
The opinion
ROBERTS, Chief Justice,
dissenting.
Section 493(1) of the Liquor Code makes it “unlawful ... for any licensee or the board, or any employe, servant or agent of such licensee, or the board, or any other person, to sell, furnish or give any liquor ... or to permit any liquor ... to be sold, furnished or given, to any person visibly intoxicated____” 47 P.S. § 4-493(1) (emphasis added). The use of the language “any other person” clearly manifests a legislative intent to impose an obligation upon all persons to refrain from furnishing alcoholic beverages to visibly intoxicated persons in circumstances which create a reasonably foreseeable risk of harm to third parties. In light of this legislatively imposed standard of conduct, the complaint in trespass, which seeks recovery for injuries allegedly caused by the serving of liquor by a social host to a visibly intoxicated guest, should be reinstated. See Manning v. Andy, 454 Pa. 237 , 310 A.2d 75 (1973) (Manderino, J., dissenting, joined by Roberts, J.).
Accordingly, I dissent, would reverse the order of the Superior Court, and would allow the case to proceed to trial.