Denial of Social Host Liability for Furnishing Alcohol to a Visibly Intoxicated Guest in Klein v. Raysinger: A Failure in Judicial Reasoning

Authors

Russell K. Broman

Abstract

In Klein v. Raysinger the Pennsylvania Supreme Court denied social host liability for the serving of alcoholic beverages to a visibly intoxicated guest who later is involved in a motor vehicle accident. The author assesses the court's opinion in light of the roles traditionally played by the legislature and judiciary, and simultaneously examines the court's reasoning in relation to established Pennsylvania common law negligence principles. The author concludes that while denial of social host liability based on a decision to defer to the legislature in making such a judgment would have been proper, the failure to impose liability on the basis of negligence principles was inconsistent with the general trend of Pennsylvania common law.

First Page

1121

Recommended Citation

Russell K. Broman, Denial of Social Host Liability for Furnishing Alcohol to a Visibly Intoxicated Guest in Klein v. Raysinger: A Failure in Judicial Reasoning, 23 Duq. L. Rev. 1121 (1985).
Available at: https://dsc.duq.edu/dlr/vol23/iss4/16