Can a minor who is developmentally handicapped be a cause of action against the vendor who sold alcohol to the minor?

California, United States of America


The following excerpt is from Burke v. Superior Court, 129 Cal.App.3d 570, 181 Cal.Rptr. 149 (Cal. App. 1982):

I can reconcile Cantor v. Anderson, 126 Cal.App.3d 124, 178 Cal.Rptr. 540, which held sale to a developmentally handicapped minor may create a cause of action if the plaintiff could "plead and prove that defendants not only knew of [the minor's] disability but also knew or should have known the effect that liquor would have on him by reason of his disability (i.e., that it would cause him to lose control and become violent)" (id. at p. 131, 178 Cal.Rptr. 540). Here, there is no contention the defendants had a special relationship or knew anything about the purchaser. The best the plaintiffs could allege was the vendor had sold to many other persons who were under age.

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