Duquesne Law Review


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.

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