Thursday, June 17, 2010

Keep the Kids Off the Bottle


Some of us are taking the bar exam in Massachusetts as well as New York.  And some of you might only be taking the Massachusetts bar.  To you, I say congratulations!

Well, today we have our obscure law crash course on the Massachusetts social host liability law.  For those non-lawyers out there, and for those who haven't taken torts in three years, that's when the person who throws the party can be forced to pay cash money for things done by their guests - usually when they drink and then drive drunk.

The lead case on this area, of course, is from Massachusetts - McGuiggan.

I came upon a post today on the Massachusetts Law Library Blog which reminds us that 'tis the season for graduation parties, which means it will soon be the season for social host liability tort suits.  And Massachusetts likes to take care of business in this regard.

First, you should admire this brochure from the Commonwealth.  It's entitled "Don't Give Kids Alcohol: It's Not Worth It."  Well, maybe it's worth it, but the brochure doesn't seem to think so.  I would think that how much wine for the kids depends on how much the kids whine. 

So what's the consequence in Massachusetts?

Pursuant to Mass. Gen. L. ch. 138, § 34, you can get fined $2000, spend a year in jail, or both.  Or anything less.  Is that worth it?  Depends how much the kids pay, right?  Mmmm

And if the kids go off driving drunk, after you gave them the booze, you could probably be sued for any damage they cause too.

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