Kelly v. Gwinnell, 96 N.J. 538 (1984) p157.

obligation to control

D was involved in a head on collision in which P was seriously injured. The accident was result of drunk driving. D became drunk while at Zak's home, drinking liquor provided by Zak.

Trial court granted Zak's motion for summary judgement on the ground that a social host is not liable for the negligence of an adult guest who has become intoxicated at his home.

1. Is an adult host who enables an adult guest at his home to become drunk liable to the victim of an automobile accident caused by the drunken driving of the guest?
2. Should the court impose a duty upon social hosts to prevent such risks?

A social host has a duty to prevent foreseeable accidents arising because of intoxication.

A host who serves liquor to an adult social guest is liable for injuries inflicted on a third party as a result of the negligent operation of a motor vehicle when such negligence is caused by intoxication.

The reduction of drunk driving is practically unanimously accepted by society. The provider of the alcohol has a duty to the public not to create foreseeable, unreasonable risks.

This only applies in cases where there is one guest and that the host knows the guest will be driving home, the social host may be liable for the consequences resulting from drunken driving.