Lowell, MA In the News

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March 1, 2012
CASE STUDY
SOCIAL HOST LIABILITY: ARE ABSENT HOMEOWNERS LIABLE?

ISSUE: WHETHER A HOMEOWNER/PARENT, OUT OF STATE AT A TIME WHEN HER DAUGHTER HOSTS A BYOB PARTY, CAN BE HELD LIABLE UNDER A SOCIAL HOST OR NEGLIGENCE THEORY.

HOLDING: NO. However, the adult daughter social host may be held liable.

Attorney Todd D. Beauregard represented an injured plaintiff invited to a bring-your-own-beer party hosted by a 26 year-old daughter in her mother’s home. The mother/homeowner was in Maine at the time of the party in Massachusetts. Attorney Beauregard’s client was struck by an intoxicated partygoer in the left eye with a beer bottle. When the client attempted to leave the party, he was assaulted again in the mouth. The client underwent eye surgery at Lahey Clinic.

In Superior Court, Attorney Beauregard argued that the mother’s act of leaving behind alcohol in the home that may have been consumed prior to the incident, should, under a social host theory, subject the homeowner to civil liability. The Honorable Judge Gary V. Inge ruled that the homeowner must be shown to have either supplied the alcohol, or made the alcohol accessible to guests. That the mother knew her daughter would have guests over and that alcohol would be involved was not enough for Judge Inge to find the Mother/homeowner liable.

The daughter then moved the Court to dismiss the suit on grounds that no genuine issues of material fact were in dispute. Judge Inge denied the daughter’s motion, finding that genuine issues exist, as must be resolved by fact-finder.

Attorney Beauregard commented to the Massachusetts Lawyers Weekly (Vol. 40 Issue No. 15, November 28, 2011), saying, “The judge allowed the suit to move forward against the daughter even though the evidence demonstrated that some guests brought their own alcohol to the party.” Noting the legal significance, Attorney Beauregard explained, “Until now, the majority of cases out there indicated that the host actually had to purchase the alcohol and then make it available to guests. What the judge held here is that the buying of the booze is not the critical question.”

Noting that this decision clearly pushes the envelope on social host liability, Attorney Beauregard said that under these circumstances, the judge focused instead on how the alcohol was actually controlled inside the house once the party began. As to the Mother, a key issue in the ruling was what kind of control she had over the alcohol. Said Judge Inge, “For a social host to be held liable for harm caused by a third party, there must be some type of control over the alcohol giving rise to a duty on the host’s behalf.”

As to the daughter’s liability, the Judge said, “The daughter was the host and, it could be found, the supplier at least of some amount of the alcohol that was being consumed. Accordingly, a genuine issue of material fact exists for trial.”


February 14, 2012
OVERVIEW: NEW MASSACHUSETTS ALIMONY REFORM ACT OF 2012

PURPOSE: This new law taking effect in March 2012 attempts to simplify how spousal support is appropriately calculated to the wide variety of circumstances in a given divorce proceeding. In the past, alimony was one the most contentious of divorce issues involving protracted litigation between divorcing or already divorced spouses, with unpredictable results.

THE LABELS: The new statute uses terms that describe the justification for continuing support for one spouse, post-divorce. For example, in cases where one spouse has been the traditional breadwinner, the other spouse might receive support for “rehabilitative” purposes. Such a purpose would provide the other spouse with a finite period to learn new skills, get an education, or otherwise enter the work force.

THE CIRCUMSTANCES: These are also known as the “factors” a Court will consider. In cases where one spouse has earned the disproportionate majority of income over a long period, the other spouse would be most likely to receive alimony. Where the marriage is considered long term, over 15 years for example, the lesser earning spouse is most likely to receive spousal support. Generally, the shorter the marriage or where income is similar, the lesser the prospect of alimony.

PREDICTABILITY: The new law attempts to decrease a judge’s former unbridled discretion as it intends to align the amount of support into a more formulaic equation. A new alimony award could typically order that $ X be paid to the other spouse for a definite period of time, and then be decreased or terminated. In some cases, the new law could eliminate the prospect of alimony for life. In this way, the new law discourages parties from bringing ongoing, post-divorce modification actions that have clogged the Court’s already overburdened calendars. At the same time, it provides divorcing parties some idea as to what one might pay, or receive, in the future and for how long.

CASE LAW INTERPRETATION: It is important to note that new statutory law is always subject to judicial interpretation. As this new law is no exception, it is ripe for scrutiny by the bench, so when (not if) this happens, it would take on new meaning.

HOW THE LAW OFFICES OF TODD D. BEAUREGARD CAN HELP YOU: All the Attorneys at our offices are keenly aware of the new law. Every situation is unique. This description is only a general overview. Give us a call for a free consultation so we can explain how this law might affect you. (978) 275-1919.