In a case sure to send a chill down the spine of all parents who have teenagers, the Supreme Judicial Court of Massachusetts issued an opinion in the case of Juliano v. Simpson.
In this case, the 19-year-old defendant, whose parents were not home, hosted a party where some of the attendees brought alcohol. Later, when leaving the party, a 19-year-old attendee, who was driving drunk, was involved in an accident that injured the 16-year old Plaintiff. The Plaintiff sued the host under a theory of social host liability and sought to recover damages. The Court was called upon to decide whether an underage host who provided a venue for a party, but did not supply any alcohol, could be liable under the social host liability theory.
Under Massachusetts General Law, Chapter 138, section 34, a criminal statute, providing alcohol to persons under 21 is illegal. This statute, and the alleged violation thereof, was heavily relied on by the Plaintiff. However, in their decision the Court noted that the doctrine of negligence per se is not followed in the Commonwealth. Therefore, the violation of a criminal statute does not, by itself, prove negligence. In their opinion, the Court looked at a number of conflicting State and National precedents. The principal issue for the court was whether to enlarge the responsibility of social hosts to establish liability for alcohol-related injuries when the host was not serving alcohol or making it available.
The court declined to increase liability under the social host liability theory to those who did not provide, control, or make available alcoholic beverages. In concurring opinions, three of the Justices agreed with the decision, but sought to limit the scope. They hinted that the decision might have been decided differently were the Defendant-host over age 21 and intentionally permitted guests under the age of 21 to consume alcohol in their home.
So make sure if you leave your teen home alone that you lock the liquor cabinet!