Bell v. Hutsell, Social Hosting Liabilty by Dacey

Tort?

dwestfall51823 — 2016-01-28 13:59:52 UTC

Civil Liability

Legal Definition?

dwestfall51823 — 2016-01-28 14:21:36 UTC

Strict liability because whether the parent knowingly have a party or not, serving alcohol they are still liable for injuries

What Happened?

dwestfall51823 — 2016-01-28 14:21:58 UTC

The Hutsells were aware, however, of underage consumption of alcoholic beverages on their premises at prior parties. Their son had previously plead guilty to underage consumption. The Hutsells further knew that alcohol was brought to the party in question and underage guests drank excessively with their knowledge. In fact, in some instances underage guests drank excessively in the Hutsells' presence and they spoke to a number of underage partygoers who had been drinking alcohol, requesting that if they had been drinking at the party not to drive a vehicle when leaving. Plaintiff's decedent, Daniel Bell, drank alcohol in full and open view of the Hutsells. Bell later walked to his car, began driving and crashed his car into a tree, resulting in his death.

Defendant?

dwestfall51823 — 2016-01-28 14:22:15 UTC

Jeffery and Sara Hutsell, did not provide alcohol for underage consumption and had informed their son who gave the party both that alcohol consumption would not be tolerated and that they would monitor the party to see that underage partygoers did not possess or imbibe alcoholic beverages.

Plantiff?

dwestfall51823 — 2016-01-28 14:22:22 UTC

Janet Bell, mother of Daniel Bell,
March 31, 2009, plaintiff filed a second amended complain

Damages?

dwestfall51823 — 2016-01-28 14:22:42 UTC

Daniel Bell is dead but no liability is paid.