Ah Mook Sang v. Clark., 308 P.3d 911

Makamae Ah Mook Sang, 15, attended a party hosted by 25-year-old Michael Clark; Denise Clark was present at the property.
Michael provided large amounts of alcohol to Makamae, including hard liquor, and encouraged drinking by underage guests.
Makamae became visibly ill and unconscious; no aid was rendered or summoned by the Clarks while she remained on the property.
In the morning Makamae was loaded into a friend’s car and driven to Straub Hospital, where she was pronounced dead from acute alcohol intoxication.
Ah Mook Sangs, as Makamae’s heirs, sued the Clarks under Hawaii’s wrongful death statute (HRS 663-3) and for related claims.
Circuit Court granted the Clarks’ motion to dismiss for failure to state a claim; case appealed to higher court.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a social host owes a duty to a minor guest who never leaves the host's premises	Ah Mook Sangs: duty exists under Blair factors; host created peril by serving minor and failed to aid.	Clark: social hosts owe no duty to protect third parties or render aid beyond current law; no special relationship.	Duty may be imposed; Blair factors support duty to Makamae while on premises.
Whether HRS 663-41 precludes the Ah Mook Sangs' claims	Statute targets third-party claims against adults who furnish to minors; not applicable to first-party claims by a minor against a host.	Subsection (c) bars an intoxicated minor from bringing any action under this part.	HRS 663-41 does not bar the Ah Mook Sangs' claims in this case.
Whether the Blair factors weigh in favor of imposing a duty in this case	All Blair factors support duty due to special relationship, foreseeability, injury, closeness, moral blame, and policy concerns.	Blair factors do not create a duty here; precedents limit social host liability in various contexts.	Balancing Blair factors weighs in favor of imposing a duty on the Clarkes.

Ono v. Applegate, 62 Haw. 131, 612 P.2d 533 (1980) (innocent third party against tavern liability for intoxicated patron)
Bertelmann v. Taas Assocs., 69 Haw. 95, 735 P.2d 930 (1987) (limits on drunk driving liability and intoxicated patrons)
Johnston v. KFC National Mgmt Co., 71 Haw. 229, 788 P.2d 159 (1990) (social host duty to third parties not imposed absent special relationship)
Winters v. Silver Fox Bar, 71 Haw. 524, 797 P.2d 51 (1990) (minor may not sue for injuries from minor's own purchase of alcohol)
Reyes v. Kuboyama, 76 Haw. 137, 870 P.2d 1281 (1994) (liability of commercial sellers to third parties when selling to a minor)
Blair v. Ing, 95 Haw. 247, 21 P.3d 452 (2001) (duty analysis must be case-by-case using Blair factors)
Corregedore, 83 Haw. 154, 925 P.2d 324 (1996) (restatement-based approach to duty and policy considerations)