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The Oregon Supreme Court Affirmed Jan Kitchel's Appellate Case on Liquor Liability

April 22, 2016

The Oregon Supreme Court affirmed the Court of Appeals again stating 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. S. Ct. April 21, 2016) 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.  The Court reasoned that the homeowner needn't have poured the alcohol if he otherwise made it available, or "provided" it.  So, if you have a party, do not overserve your guests, and monitor their alcohol intake if they pour their own drinks.  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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