— This matter comes before the court upon preliminary objections of defendant, Wilkes College. The matter has been briefed and argued and is now ripe for resolution.
This action was initiated to recover for injuries sustained on March 21, 1987, when George Seig, a full-time first-year Wilkes College student, attempted to ride a handrail from a third floor to a second floor in a dormitory known as Pickering Hall. Unfortunatelly Seig was intoxicated at the time and as a result lost his balance and plummeted
' Seig initiated this action seeking compensatory and punitive damages against a number of defendants including Wükes Coüege.
Wükes has filed a preliminary objection in the nature of a demurrer to the negligence and punitive damage claims. It contends that since Seig faded to aUege that Wükes furnished alcohol to him that he has faded to plead a cause of action recognizable in the Commonwealth of Pennsylvania. Wükes contends that Alumni Association v. Sullivan, 369 Pa. Super. 596, 535 A.2d 1095 (1987) provides that the only narrow exception to the general rule against social host liability is those cases where the person knowingly serves or furnishes alcohol to minors and that the case is dispositive of the matter.
Wükes also insists that the aüegations in Seig’s complaint assert nothing more than a laxity or permissiveness upon its part regarding the prohibition - of consumption of alcoholic beverages by minor residents arid that there is no liability for such conduct.
The complaint aüeges:
“(36) In addition to the above, the aforementioned accident and injuries to plaintiff, George E. Seig, were further caused, in whole or in part, by the further negligence of defendant, Wükes Col*94 lege, said negligence consisting of the following: “(A) Failure to prohibit the possession, service and consumption of alcoholic beverages by residents of Pickering Hall.
“(B) Failure to inspect rooms of residents in Pickering Hall for the illegal possession and consumption of alcoholic beverages.
“(C) Failure to have and/or implement alcoholic beverage policy prohibiting the possession and/or consumption of alcohol by residents and others who are under the statutory age.
“(D) Providing, encouraging, promoting and/or permitting an atmosphere or environment for the consumption of alcoholic beverages by minor residents and others.
“(E) Aiding, assisting, promoting, and abetting the minor residents and others of Pickering Hall in the possession, service, and/or consumption of alcoholic beverages by providing an environment in which said consumption was allowed, condoned, and/or encouraged.
“(F) Failure to provide sufficient and adequate supervision of activities within Pickering Hall.
“(G) Failure to take whatever other measures that were necessary to prevent the possession, service, and consumption of alcoholic beverages by minors and others in Pickering Hall.”
Seig contends that the instant pleading sufficiently states a cause of action within the social host liability precedent stated in Congini v. Portersville Valve Co., 504 Pa. 157, 470 A.2d 515 (1983) and its progeny; Fassett v. Delta Kappa Epsilon, 807 F.2d 1150 (3d Cir. 1986); Meyers v. Koman, 36 D.&C. 3d 229 (1984); Macleary v. Hines, 817 F.2d 1081 (3d Cir. 1987); and Jeffries v. Commonwealth, 371 Pa. Super. 12, 537 A.2d 355 (1988). We agree.
“(1) The defendant must have intended to act in such a way so as to furnish, agree to furnish or promote the furnishing of alcohol to the minor, and
“(2) The defendant must have acted in a way which did furnish, agree to furnish, or promote the furnishing of alcohol to the minor, and
“(3) The defendant’s act must have been a substantial factor in the furnishing, agreement to furnish, or the promotion of alcohol to the minor.”
We believe the cases relied upon by plaintiff expand the social host liability beyond the mere serving and/or furnishing of alcoholic beverages to minors. We find no difficulty in asserting that the promotion of consumption by a college is and should be a basis for the assertion of liability. Certainly the person who promotes the consumption of alcohol is and should be held to the same degree of liability as the person who actually serves it. The question before us today is not whether Wilkes is or is not fiable, but whether the complaint sufficiently alleges a cause of action. We are satisfied that the allegations in this complaint are sufficient to withstand the asserted demurrer.
We certainly agree with Wilkes that the college is not an insurer of the safety of its students and mere ownership of the dormitory where the incident took place does not impose liability. However, the pleaded facts are not that limited.
It is evident that as society has changed so have our laws. In the last several years social host liability was expanded resulting in a greater responsibility when such substances were inappropriately furnished. This is especially true in the area of underage
Let there also be no doubt that our decision today certainly does not give a green light to or open the flood gates for every possible case alleging social host liability. Similarly, we do hot believe our decision contravenes or even expands the existing Pennsylvania law in this area. Rather, we view our opinion as applying the law to the pleaded facts before us and as such we conclude that the burden for sustaining a demurrer has not been met. It may well be that Seig
We also find and conclude that the allegations in the complaint sufficiently plead a basis for a claim of punitive damage. Indeed, if a college intentionally promotes the consumption of alcoholic beverages by minors in violation of the law that conduct is outrageous and is and should be a basis for the award of punitive damages.
Once again, we are not stating nor do we mean to infer that Wilkes has acted outrageously or with reckless indifference or that it is in any way responsible for these injuries or in any way liable for Seig’s injuries and damages. All we are saying at this procedural state of the case is that Seig has sufficiently pleaded his cause of actions. Whether he will ever be able to prove them remains to be seen.
Our disposition should also not be construed as in any way approving or condoning the consumption of alcohol by Seig or any other person under 21 years of age in violation of Pennsylvania state law. Indeed, we strongly condemn such violations and it may well be that Seig’s conduct will ultimately preclude any recovery for his injuries in this case. Again, that is a matter to be determined at a later state in this proceeding.
According, we enter the following
R is hereby ordered and decreed that the preliminary objections filed by defendant, Wilkes Collegé, are overruled and said defendant shall have the right to plead over within 25 days from the date of this order.
