by KPMLAW | Sep 12, 2016 | KPMBlog, News, Uncategorized
Written by Rachel Stewart, Esq. Much to do has been made about the Maryland Court of Appeals’ recent opinion in Kiriakos v. Phillips, 448 Md. 440, 139 A.3d 1006 (2015) wherein the Court held that a cause of action existed against a home owner for her allowance of under-age drinking at her residence which later resulted in the death of a teen involved in a drunk driving accident. Maryland has historically not recognized social host liability, and there is no dram shop statute imposing liability against a restaurant for the acts of guests who were served despite being visibly intoxicated. Despite this long held position, the plaintiff’s bar has argued that Kiriakos opens the door for social host liability against restaurant owners. However, a close reading of the opinion suggests that Kiriakos is a very narrow holding, and Maryland will continue to adhere to its position that restaurants are not liable for the acts of drivers who were served at their establishments. The Court’s holding in Kiriakos was based on the homeowner’s violation of a criminal law, Md. Code Ann., Crim. Law §10-117(b), which prohibits an adult from knowingly and willingly allowing a minor to possess or consume alcohol at a residence owned or leased by the adult. The Court found that there is a limited form of social host liability sounding in negligence based on the strong public policy found in the criminal statute that only exists when the adult in question acts knowingly and willingly. The basis of the court’s holding was that the statute at issue was intended to protect a specific class of persons, i.e....
