In its recent decision regarding MARK JULIANO, et. al vs. PETER SIMPSON, et. al (SJC-10843), the Supreme Judicial Court of Massachusetts (SJC) declines to enlarge the scope of social host liability by extending a duty of care to an underage host who does not supply alcohol to underage guests. In declining to do so, the SJC reaffirmed the lower court’s decision holding that “liability attaches only where a social host either serves alcohol or exercises effective control over the supply of alcohol.” In its decision, the Massachusetts Supreme Court states in relevant part:

We have adhered consistently to the principle set forth in McGuiggan, requiring actual or constructive alcohol service or effective control of the alcohol supply, on the ground that it furnishes “practical limits of potential liability.” … If mere control of premises gave rise to a duty of care for social hosts, the difficulties facing judges and juries charged with ascertaining the limits of liability would be manifold.

Although the matter involved an underage host, Justice Botsford, in his concurring opinion, indicates that the SJC also declined “to expand social host liability to apply to situations where an adult who does not furnish alcohol to underage guests nonetheless knowingly makes her home available to them to drink alcohol.”

You can read the full SJC decision at: http://www.socialaw.com/slip.htm?cid=21181&sid=120