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Adult host liability for injuries caused to a third person by an under age person drinking of alcohol on the host’s property

DFields@fishbeinpa.com,   Criminal Law   Leave a Comment

The Maryland Court of Appeals in two recent cases Kiriakos vs..Phillips and Dankos vs. Stapf released on July 5, 2016 held that an adult who knowingly and willfully allows underage drinking by persons under 21 in the adults home can create liability . for the host if the underaged driver subsequently injures another person with their car by virtue of the intoxication of the underage driver. The liability of the host is premised on Criminal Law Section 10-117 (b) which prohibits an adult from knowingly and willfully allowing an individual under 21 to consume alcoholic beverages at a residence that the adult owns or rents and at which the adult resides. The Court of Appeals also held in those cases that the contributory negligence of the underage driver would not bar an action by the injured person.

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