Your firm’s client, Arnold, attended a graduation party hosted by an acquaintance of his, Steven. Steven’s parents, at Steven’s request, agreed to stay out of sight of his guests and they were not seen all evening. They stayed in a guest cottage on the property, watching television and drinking martinis. They were oblivious to the fact that Arnold was severely beaten by one of the guests, Patrick, who has a vicious temper when he has been drinking. Patrick had harbored a grudge against Arnold for comments Arnold made several months previously, but Patrick never had the courage to act on his resentment until this time. Arnold, who was not expecting to be assaulted and who has no self-defense skills, was badly injured.
Some of the guests at the party were minors; Arnold himself is seventeen (below legal drinking age in his state). Assume that a state statute makes it illegal to provide liquor to minors.
1. What argument would you make on behalf of Arnold that Steven’s parents had a legal obligation to protect him from being attacked by Patrick?
2. What argument would you anticipate Steven’s parents making in response?
3. What are the laws, both statutory and case law, in your state regarding social host liability? In light of those laws, whom do you think would prevail in this scenario and why?