Practice point: A defendant may be liable for injuries caused by an intoxicated guest that
occurred on the defendant's property, or in an area under the
defendant's control, where the defendant had the opportunity to control
the intoxicated guest and was reasonably aware of the need for such
control. Here, the fraternity-defendant established its prima facie entitlement to judgment as a
matter of law dismissing the negligence cause of action insofar as
asserted against it by showing that the plaintiff's injuries occurred
in an area not under its control and, thus, that it had no duty to
supervise or control the assailant-defendant's conduct in that area.
Student note: Liability under General Obligations Law § 11-100 may be imposed only on a person who knowingly causes intoxication by furnishing alcohol to, or assisting in the procurement of alcohol for, persons known or reasonably believed to be underage.
Case: Holiday v. Poffenbarger, NY Slip Op 06658 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: Correcting a notice of claim.
