## Facts

- Sixteen-year-old Elizabeth Wakulich went to the Mraz home, where Michael Mraz (21) and Brian Mraz (18) allegedly pressured and induced her to drink an entire quart of Goldschläger.
- The complaint alleged Michael and Brian knew or should have known Elizabeth, as a minor, could not appreciate the risks of excessive alcohol consumption.
- After drinking the bottle, Elizabeth lost consciousness; Michael and Brian allegedly observed her vomiting and making gurgling sounds.
- They allegedly took affirmative steps to care for her, including placing her on a couch, checking on her condition, removing a vomit-soaked blouse, and positioning a pillow under her head to prevent aspiration.
- The complaint further alleged they failed to obtain medical care and prevented others from calling 911 or seeking medical attention.
- Elizabeth was eventually removed from the home, taken to a friend’s house, and then to a hospital, where she died of alcohol poisoning.
- Elizabeth’s mother sued for wrongful death and survival damages, alleging (1) negligence for providing alcohol to a minor and (2) negligence based on defendants’ voluntary undertaking to care for Elizabeth after she became unconscious.

## Issues

1. Whether Illinois should recognize a common-law cause of action imposing social host liability for serving alcohol to minors injured as a result of intoxication.
2. Whether the complaint stated a negligence claim based on defendants’ voluntary undertaking to render aid to Elizabeth after she became incapacitated.

## Decision

- The court refused to recognize any common-law social host liability for furnishing alcohol, including alcohol served to minors.
- The court held the voluntary-undertaking allegations stated a cognizable negligence claim and were not barred by Illinois’ alcohol-liability framework.
- The dismissal of counts premised on providing alcohol was affirmed.
- The dismissal of counts premised on voluntary undertaking was reversed, and the cause was remanded for further proceedings.

## Legal Principles

- Illinois does not recognize common-law social host liability for furnishing alcoholic beverages; alcohol-related civil liability is governed by the Dramshop Act and legislative policy choices.
- A person who voluntarily undertakes to render services to another must exercise reasonable care in performing that undertaking and may be liable for bodily harm caused by negligent performance.
- A voluntary undertaking may create a duty when the actor knows or should know the services will reduce the risk of harm, including where negligent performance increases the risk of harm or where others rely on the undertaking.
- Voluntary undertaking is a duty theory distinct from claims seeking to impose liability merely for providing alcohol.

## Conclusion

Illinois declined to create social host liability for serving alcohol to minors, but allowed the estate to proceed on a negligence theory that defendants assumed responsibility for the decedent’s safety by taking affirmative caregiving steps and then allegedly acted unreasonably by failing to secure medical assistance and阻ing others from doing so.


Wakulich v. Mraz, 203 Ill. 2d 223 (Ill. 2003)