LawyersUSA

There is no "social host" liability for homeowners who served alcohol to a couple who were later injured in a drunk-driving accident, the Rhode Island Supreme Court has ruled.

The homeowners served the plaintiff and her boyfriend strong drinks for several hours before the boyfriend struck a utility pole while driving drunk.

The plaintiff and her boyfriend were both in their twenties and blood tests showed they were legally drunk.

The plaintiff lost a leg as a result of injuries sustained in the collision.

She settled her claim against her boyfriend, who was convicted of DUI.

The plaintiff then sued the homeowners for negligence.

The homeowners argued that under state law there was no social host liability for drunk-driving injuries that result from serving alcohol to guests, and that there was no "special relationship" between the plaintiff and the homeowners supporting an exception.

The court agreed.

"We consistently have refused to adopt the principle that a social host owes a duty to a third party for injuries suffered by an intoxicated guest who was imbibing at his or her home, and we have only imposed such a duty where a special relationship exists," the court said.

"Although we have recognized social-host liability in limited circumstances, we have done so when alcohol was illegally provided to minors and injuries resulted. Such a special relationship is not present in this case….

"This court frequently has recognized the public policy concerns surrounding drunk driving and the resulting carnage on our highways. … However, 'it is not the function of this court to act as a super legislative body and rewrite or amend statutes already enacted by the General Assembly.'"

Rhode Island Supreme Court. Willis v. Omar, No. 2007-164. July 9, 2008. Lawyers USA No. 99310406. Click here for the full text of this opinion.