A Short Note On Ms. Carlson 's Accident Essay

1091 Words Sep 23rd, 2016 5 Pages
Mr. Werman is not likely to be found liable for Ms. Carlson’s accident. There are four elements for social host liability, (1) the host knew the guest was intoxicated, (2) the host furnished alcohol to the guest even after the guest was intoxicated, (3) the guest negligently drove intoxicated, (4) the host knew or should have known the guest would have driven. McGuiggan v. New York Telephone & Telephone Co., 398 Mass. 152, 496 N.E.2d 141 (Mass. 1986). Mr. Werman knew the guest was intoxicated. However, he did not provide Ms. Carlson with alcohol. Ms. Carlson negligently dove, but Mr. Werman could not foresee that Ms. Carlson would drive.
A. Mr. Werman knew that Ms. Carlson was intoxicated.

Mr. Werman knew that Ms. Carlson was intoxicated because of her actions and behavior while at Mr. Werman’s party. In McGuiggan., the McGuiggans did not know their guest was intoxicated because the guest did not act intoxicated. Id. Alternatively, when a guest acts intoxicated, the host will know the guest is intoxicated. Pollard v. Powers, 50 Mass. App. Ct. 515, 738 N.E.2d 1144 (Mass. App. Ct. 2000).
The host will not know a guest is intoxicated if the guest does not show signs of intoxication. McGuiggan, 398 Mass. 152. In McGuiggan, the hosts threw a party and a guest later drove intoxicated. Id at 154. Before the guest left, the hosts spoke with the guest and the hosts allowed their son to ride in the car Magee drove. Id. at 155. One of the hosts testified that if she thought the…

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