Marcum v. Bowden
Facts
In Marcum, the Bowdens hosted a cookout where alcohol was available to guests, including a 19-year-old decedent who drank there, later left, and was eventually killed in a one-car crash with a blood alcohol content of 0.291%. His mother sued the hosts for wrongful death, and the circuit court granted summary judgment because South Carolina did not then recognize social host liability to an underage person injured after consuming alcohol provided by the host. In Barnes, a 19-year-old guest drank alcohol provided at a business-related function, later went to several other locations, and was then involved in a two-car accident that killed both him and a passenger in the other car. The passenger's personal representative sued the host and the driver's estate, and the jury returned a verdict against both, which the Court of Appeals affirmed.
Issue
Does an adult social host who serves alcoholic beverages to an underage person owe a duty to that guest and to third parties injured as a proximate result of the host's service of alcohol? If such a duty exists, should it apply to these cases or only prospectively?
Rule
An adult social host who knowingly and intentionally serves, or causes to be served, an alcoholic beverage to a person the host knows or reasonably should know is between the ages of 18 and 20 is liable to the person served and to any other person for damages proximately resulting from the host's service of alcohol. This duty arises from the common law, not from the alcohol-control statutes, and applies only to claims arising after the effective date of the decision.
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If Paula sues Dana for negligence based on social-host liability, which is the strongest argument that Dana owed Paula a duty?