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Jan Kitchel Wins Important Appellate Case on Liquor Liability

July 17, 2014

The Oregon Court of Appeals reaffirmed the concept that a social host can be liable for overserving a guest, or for failing to control the activities that occur at the host's house.  In Baker v. Croslin, (Or. Ct. App. July 9, 2014) a young man was shot and killed accidentally by another guest at a party where copious amounts of alcohol were served by the homeowner.  The Court held that there was evidence in the record that the host served the shooter when he was visibly intoxicated, and the Court made it clear that other theories of liability may apply, such as simple failure to make sure that activities at the house were supervised and safe.  So if you have a party, do not overserve your guests.  Further, whether or not you have alcohol, make sure activities at your house are safe.  Of course, make sure you have homeowner's insurance, and if you or a loved one are hurt at a party, you should consult your attorney about possible recourse.

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