Criteria for Common Law Negligence Re: Injury Caused by an Intoxicated Guest Explained

The Second Department determined plaintiff’s common law negligence cause of action was properly dismissed.  Plaintiff, upon leaving a party hosted by the defendants, was assaulted by three unidentified persons. The court explained the relevant common law criteria for finding a host negligent based upon the actions of an intoxicated guest:

Under a theory of common-law negligence, a landowner may have responsibility for injuries caused by an intoxicated guest …, although liability may be imposed only for injuries that occurred on a defendant’s property, or in an area under the defendant’s control, where the defendant had the opportunity to supervise the intoxicated guest and was reasonably aware of the need for such control …. “Without the requisite awareness [of the risk or threat] there is no duty” … . Colon v Pohl, 2014 NY Slip Op 07117, 2nd Dept 10-22-14