Massachusetts Law

If guests harm themselves or early(a)s, after consuming torrent drinks at the phalanxs dwelling, then under certain circumstances, the host mess be made responsible for such harm. The financial obligation that arises can be either civil or criminal and the penalties imposed could barf from impri countersignment or community service to fines. In most of the States of the concretion it has been deemed to be a crime to violate affable host laws (Harvard College. loving Host Liability Law).The McGuiggan v. bran-new England Tel case of Massachusetts discussed the question of fond host liability. This case was based on incidents that transpired in the year 1978. Daniel the son of the McGuiggans had completed his high school studies successfully. In battle array to commemorate this social occasion the McGuiggans held a party in which alcohol was served to the guests. Most of the guests were the classmates of Daniel and one of them, by the name of James Magee, who had consumed a lcoholic drinks before attending the party was digested some(a) more than drinks by the McGuiggans (McGuiggan v. New England visit and Telegraph, Co).After some duration had elapsed, Daniel, Magee and two other guests went for a drive in a car. piece of music travelling in this fashion, Daniel leaned out of the car window in order to vomit, whereupon his head collided with a cement post belonging to the New England phone company. The result injury proved to be fatal. Subsequently, the McGuiggans filed a case against the New England Telephone company.This company contended that the plaintiffs were liable for prosecution due to their being the social hosts of the drunken Magee. This was not accepted by the court, which decided in favor of the McGuiggans, because it could not be established that the McGuiggans were aware that Magee was drunk (McGuiggan v. New England Telephone and Telegraph, Co).The statute in this context was amended in the year 2000, consecutive to the death of a drunken minor who had been involved in a fatal driving accident. The current legal position obtaining in this deal is that a parent who permits or condones the consumption of alcoholic drinks to minors is criminally liable. Hitherto fore, criminal liability was attendant only upon the actual offer of alcoholic drinks to a minor (Mass.Gen.Laws.ch.138).Since there has been no reduction in the number of cases involving drunken driving by minors, it would be extremely wild to make the law in respect of social host liability less stringent. The need of the hour is to make the punishment much more stringent and in addition, the offenders should also be made liable fit to the negligent per se standard, as is extant in some of the other States of the Union.Works CitedHarvard College. Social Host Liability Law. 30 September 2004. 28 September 2007 <http//lowell.harvard.edu/party/Social_Host_Liability_Law.pdf>.Mass.Gen.Laws.ch.138. 2004.McGuiggan v. New England Telephone and Tele graph, Co. No. 398 Mass. 152 496 N.E.2d 141 . 1986.