Question

Donald and Gloria Bowden hosted a cookout at their home in South Carolina, inviting mostly business acquaintances. Justin Parks, who was 19 years old, attended the party. Alcoholic beverages were available to all of the guests, even those who, like Parks, were between ages 18 and 21.

Parks consumed alcohol at the party and left with other guests. One of these guests detained Parks at the guest’s home to give Parks time to “sober up.” Parks then drove himself from this guest’s home and was killed in a one-car accident. At the time of death, hehad a blood alcohol content of 0.291 percent, which exceeded the state’s limit for driving a motor vehicle. Linda Marcum, Parks’s mother, filed a suit in a South Carolina state court against the Bowdens and other, alleging negligence.

1. Create an argument in favor of holding the social hosts, Donald and Gloria Bowden, liable in this situation.

2. Create an argument against holding the social hosts, Donald and Gloria Bowden, liable in this situation.

3. Should the guest who detained Parks at his home to give Parks time to sober up be held liable in this situation?

Answer 1

Social host refers to the person who is providing alcoholic beverages to its guests and will be legally liable for any damage or injury caused by intoxicated guests.

1. Here, Donald and Gloria Bowden hold the social host as they serve an alcoholic beverage to all the guests who are 18 plus, not to the people who are less than 18 years. It makes it a socially legal action of a social host.
2. Donald and Gloria Bowden made an action against the social host due to their negligence that Parks consumed alcohol at the party and left with other guests. Donald and Gloria Bowden have a duty to give time to Parks so that he can be sober-up.
3. No, the person, who detained Parks from driving and gives him time to Sober-up, will not be liable in this situation as he follows the instructions provided by the government.