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Daniels v. Carpenter1/28/2003
nor's propensity to engage in the specific dangerous activity:
When a person has not furnished the instrumentality but through negligence allowed access thereto to a child, the standard for imposing liability upon the person is whether the person knew of the child's proclivity or propensity for the specific dangerous activity which caused the harm. . . . If such knowledge cannot be shown on the part of the parent, then liability c annot attach . . ..
. . . We hold that the [parents] were not negligent in simply failing to keep a constant and unremitting watch and restraint over their children, or over other children with whom their children were playing. Dennis by Evans v. Timmons, 313 S.C. 338, 437 S.E.2d 138, 141 (1993).
Similarly, in Manuel v. Koonce, 206 Ga.App. 582, 425 S.E.2d 921, 923-24 (1992), parents who did not furnish alcohol to their son and his minor guests, who were absent from their home, and who had no reason to anticipate that their son and his minor guests would obtain alcohol, were not liable for personal injuries and deaths caused by a minor driver to whom their son had provided alcohol. Specifically, the Georgia Court of Appeals found no evidence that the parents "knew or should have known" that their son had a propensity to provide alcohol to underage guests at their home. Id. at 923. *fn10 See also Gritzner, 598 N.W.2d at 289 (duty arose under Restatement (Second) of Torts, supra, § 324A where parent had prior knowledge of son's propensity to sexually abuse other children) and Garrison Retirement Home Corp. v. Hancock, 484 So.2d 1257, 1262 (Fla.App. 1985) (defendant, who had knowledge of resident's poor driving capabilities, had duty to protect others).
[ ] In Austin v. Kaness, 950 P.2d 561 (Wyo. 1997), we considered the specific question of the liability of homeowner parents to a third party injured by an intoxicated social guest who had obtained alcohol in the parents' home, not from them, but from their adult son. Because the son was not a minor, and because he did not reside in his parents' home, the question of the parents' liability was presented under theories of agency and respondeat superior. Id. at 563-64. We found that the parents were not liable for their son's conduct because, even if he were considere d an employee or agent, the act of throwing a "beer party" was clearly outside the scope of his duties. Id. at 564.
[ ] Several courts have recognized a limited cause of action where an intoxicated social guest harms a third party. For example, in Cravens v. Inman, 223 Ill.App.3d 1059, 166 Ill.Dec. 409, 586 N.E.2d 367, 377-78 (1991), the court stated:
We agree with plaintiff's assertion that this court should, under the precise facts of the instant cause, adopt the view of other states that have recognized social host negligence liability for automobile accident injuries caused by an intoxicated minor driver. We emphasize that our holding is limited to the facts alleged in plaintiff's pleading, i.e., where (1) a social host has knowingly served alcohol, and permits the liquor to be served, to youths under 18 years of age at the social host's residence, (2) the social host pe rmits the minors' consumption to continue to the point of intoxication, and (3) the social host allows the inebriated minors to depart from the residence in a motor vehicle. We express no opinion with respect to factual scenarios other than the one presented herein.*fn11
These same factors, described somewhat differently, were also adopted in Sutter v. Hutchings, 254 Ga. 194, 327 S.E.2d 716, 719 (1985):
We therefore find that the defendant hostess and her daughter owed a duty to those using the highways not to subject them to an unr
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