May 25, 2011
SC of IL: No Social Host Liability for Underage Drinking Despite Voluntary Undertaking Argument
Late last week, the Supreme Court of Illinois denied liability in a social host case for underage drinking. Plaintiff's decedent, age 18, attended a party at defendants' house. He was a friend of the defendants' son, who was hosting the party. Plaintiff's decedent allegedly consumed alcohol at the party. Shortly after leaving the house, he died in an automobile accident. The interesting doctrinal angle is the allegation that the defendants made a voluntary undertaking to supervise the party and prohibit drinking. The Restatement (Second) on voluntary undertaking is discussed in detail. The case is available here.
Thanks to Mark Weber (DePaul) for the tip.
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