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Criteria for Property Owner’s Liability for an Assault by an Intoxicated Guest Explained

The Second Department noted that the owners of property were not liable for injuries stemming an assault by an intoxicated guest at a party hosted by the property owners’ daughter.  The property owners demonstrated they were out of town when the party was held and did not know their daughter held such parties:

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” … .

Here, the appellants established their prima facie entitlement to judgment as a matter of law dismissing the cause of action alleging common-law negligence insofar as asserted against them. The evidence submitted in support of the appellants’ motion demonstrated that they were out of town when the party took place at their home, that they had not authorized their daughter Monica to have a party, and that they were unaware of its occurrence. Moreover, the evidence demonstrated that they had no knowledge that, prior to the subject party, their daughter had thrown any parties while they were out of town at which individuals under the age of 21 were drinking alcohol. Thus, the appellants had no opportunity to control [the assailant’s] conduct, nor were they aware of the necessity therefor, both of which are prerequisites to imposing liability upon a landowner in these circumstances … . Heyman v Harooni, 2015 NY Slip Op 07818, 2nd Dept 10-28-15

 

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