News & Insights

No Common Law Social Host Liability in Illinois

01 Apr 2003

The Illinois Supreme Court found, in contradiction to the national trend, that there is no such thing as social host liability in Illinois. In this case, the Court found no civil liability for two adult hosts who knowingly served a 16-year-old girl alcohol. The girl died sometime after voluntarily drinking a bottle of Goldschlager a highly alcoholic and dangerous beverage provided by the defendants after she was prompted by offering of monies, by goading and by applying great social pressure. However, the Court did find a valid cause of action against the two adults for negligently undertaking responsibility for her well being when they let her sleep it off on their couch and prohibited others from taking her home or calling the girl's parents. If there is to be social host liability in Illinois, the Supreme Court has left that up to the legislature. Wakulich v. Mraz, No. 92128, 2003 Ill. LEXIS 19 (Il. S.Ct. Feb. 6, 2003).