Colin A. Smith and Al Smith, Petitioners v. Margaret Merritt, Respondents

Summary

The Texas Supreme Court held that a social host does not owe a common‑law duty of care to third‑party victims for providing alcohol to guests who are eighteen years of age or older, and therefore rejected the negligence per se claim based on violation of TABC § 106.06. The Court affirmed the appellate court’s judgment on the negligence claim and reversed in part on the negligence‑per‑se claim, rendering judgment that the Smiths take nothing.