social host – Overlawyered

Police and prosecution roundup

Walter Olson — Fri, 29 Apr 2016 04:05:01 +0000

Teacher killed in the crosswalk, with the light. NYPD: “The victim behaved recklessly by crossing the street.” [StreetsBlog]
North Carolina not among the 13 states in which legal standards require prosecutors to turn over evidence of innocence that they learn of after a conviction [Radley Balko, AP]
Fail to stop daughter’s 20 year old boyfriend from raiding beer in fridge, go to jail [Washington Post on Maryland lawmakers’ enactment of criminal penalties following car-crash injuries for parents who tolerated alcohol consumption]
“First, only terrorists had to hand over their phones. Now it’s people involved in traffic accidents, too” [@reuvenim on the proposed New York law discussed here] “In a bid to get around the Fourth Amendment right to privacy, the textalyzer allegedly would… ” [ArsTechnica] But see Scott Greenfield (law “not a particularly effective one” in helping to fix blame, but “just not that big a deal.”)
Inmates’ contact with family is revenue source for prison, sky-high phone rates just the start [Scott Greenfield]
Federal oversight of local departments enables weak, reform-averse local pols: “Washington Can’t Fix Broken Policing” [Tim Lynch, Cato]

Tags: cellphones, police, prisoners, prosecution, social host

Police and prosecution roundup is a post from Overlawyered - Chronicling the high cost of our legal system

N.J.: auto insurer told to pay for social-host liability

Walter Olson — Thu, 21 Nov 2013 04:16:54 +0000

Quest for deep pockets: the homeowners’ insurer had already thrown in its policy limits over an accident in which an 18 year old guest allowed to consume alcohol at a private home had injured himself in a car crash. Now an Ocean County, N.J. judge has ruled that the party host’s auto insurer can also be obliged to provide coverage under a general liability endorsement, ruling it irrelevant that the accident had nothing to do with the insured’s own cars. [New Jersey Law Journal]

Tags: deep pocket, insurance, New Jersey, social host

N.J.: auto insurer told to pay for social-host liability is a post from Overlawyered - Chronicling the high cost of our legal system

“Parents Face Jail Time For Kids’ Drinking Parties”

Walter Olson — Wed, 03 Oct 2012 11:06:42 +0000

Following a lobbying campaign by Mothers Against Drunk Driving, 28 states (up from 18 seven years ago) now assign criminal penalties to property owners when underage drinking occurs on their property, with no need to show that the parents or other owners actually furnished alcohol, and whether or not any accident or other injury resulted. [ABA Journal] Liability is sometimes based on hazy “should have known” or negligence concepts, and a MADD brochure (PDF) explains that criminal liability can extend to “Parents away from home when their teens host a party; Parents who are present but deny knowledge of drinking on their property; Owners and/or tenants of rural property; Owners of vacant property.”

In 2005 we covered a Virginia appeals court’s ruling upholding the sentencing of a father and mother to 27 months in jail — originally eight years, before a sentence reduction — for allowing drinking at a 16-year-old’s birthday party. (& Alkon)

Tags: MADD, social host

“Parents Face Jail Time For Kids’ Drinking Parties” is a post from Overlawyered - Chronicling the high cost of our legal system

N.J.: overdoses on Xanax, collects $4.1 million

Walter Olson — Tue, 03 Jan 2012 05:06:56 +0000

“A man who overdosed on stolen drugs he ingested at a party in 2007 has settled his lawsuit with a pharmacy, several guests, the party’s host and the host’s mother for $4.1 million. … [Scott] Simon sued the pharmacy for not taking proper precautions to avoid the theft of drugs. He also sued several guests, the party’s host and the host’s parents, who were away for the weekend.” [AP via NJLRA, Schepisi & McLaughlin]

Tags: illegal drugs, New Jersey, personal responsibility, pharmaceuticals, social host

N.J.: overdoses on Xanax, collects $4.1 million is a post from Overlawyered - Chronicling the high cost of our legal system

N.J.: Drunk drivers can sue bars that served them

Walter Olson — Fri, 30 Apr 2010 16:07:54 +0000

In 1997 the New Jersey legislature enacted a law stating that a convicted drunk driver “shall have no cause of action for his or her injuries,” but a state appeals court decided that was no reason not to allow such a driver to sue the drinking establishment that allegedly should have cut him off earlier. An earlier appeals case had allowed such suits against “social hosts” such as party-givers. [AnnMarie McDonald/NJLRA, Henry Gottlieb/NJLJ]

Tags: alcohol, New Jersey, personal responsibility, social host

N.J.: Drunk drivers can sue bars that served them is a post from Overlawyered - Chronicling the high cost of our legal system

Open MySpace invitation to house party did not make assault “reasonably foreseeable”

Walter Olson — Thu, 18 Mar 2010 17:42:50 +0000

A California appeals court has declined plaintiffs’ invitation to hold that “a public invitation posted on MySpace to a free party offering music and alcohol was substantially certain to result in an injury to someone.” Three men were “allegedly attacked by a group of unknown individuals as they arrived at the party,” which was thrown by a Silicon Valley entrepreneur and announced on the social media site. [OnPoint News]

Tags: California, MySpace, social host, third party liability for crime

Open MySpace invitation to house party did not make assault “reasonably foreseeable” is a post from Overlawyered - Chronicling the high cost of our legal system

“Mother sues party mates of dead teen”

Walter Olson — Fri, 15 Jan 2010 16:21:31 +0000

A late-night binge drinking outing by some high school friends in Norfolk, Mass. ends badly. The mother says her late daughter “is absolutely 100 percent responsible” for what happened to her but is still is suing seven (7) teenagers and adults for their roles. [Boston Globe]

Tags: alcohol, Massachusetts, social host

“Mother sues party mates of dead teen” is a post from Overlawyered - Chronicling the high cost of our legal system

Paralyzed in crash after underage drinking, wins $2.5M from homeowner

Walter Olson — Wed, 18 Feb 2009 16:52:40 +0000

George Baldwin, then 19, drank while visiting the Pfeifer sisters at their home; he got into the car as a passenger with intoxicated friend William Klairmont and was paralyzed in the resulting crash. Now Lauralee Pfeifer, the girls’ mother, will pay $2.5 million in a settlement:

Unlike other lawsuits alleging that adults played a role in teenage drinking parties, Pfeifer did not buy the alcohol for the teens or know they were drinking in her home. Pfeifer did not admit any wrongdoing in the settlement, said Michael Borders, her lawyer.

But Salvi said Pfeifer should have monitored the teens and suspected they were drinking, especially because her daughters had been caught drinking before.

[Chicago Tribune]

Tags: personal responsibility, social host

Paralyzed in crash after underage drinking, wins $2.5M from homeowner is a post from Overlawyered - Chronicling the high cost of our legal system