Cavanagh, J.
The issue presented is whether [678]*678plaintiffs can maintain a cause of action based on violation of MCL 436.33; MSA 18.1004, which prohibits a person from knowingly selling or furnishing alcoholic liquor to a person under twenty-one years of age, against persons who are social hosts.
I
The trial court granted defendants’ motion for summary judgment on the basis of a failure to state a claim upon which relief could be granted. GCR 1963, 117,2(1). A motion brought under this subrule tests the legal sufficiency of plaintiffs’ complaint. The motion should be granted only if the claims are so clearly unenforceable as a matter of law that no factual development could possibly justify recovery. Abel v Eli Lilly & Co, 418 Mich 311, 323-324; 343 NW2d 164 (1984), reh den 419 Mich 1201 (1984), cert den sub nona E R Squibb & Sons, Inc v Abel, 469 US 833 (1984). Accordingly, for the purposes of this appeal, we accept as true all well-pled allegations contained in plaintiffs’ complaint.
A
On July 7, 1979, plaintiffs’ nineteen-year-old son, Jamie Longstreth, attended a private wedding reception hosted by the Gensels and the Langstons. While at the reception, Jamie consumed an unspecified amount of alcoholic beverage. In the early morning hours of July 8, 1979, Jamie was killed in an automobile accident.
Plaintiffs initially alleged that the defendants breached a duty not to give, provide, or furnish alcoholic beverages to anyone under the age of twenty-one. Plaintiffs further alleged that the defendants were negligent in furnishing alcohol to Jamie and that this negligence was the proximate [679]*679cause of his death. Longstreth v Fitzgibbon, 125 Mich App 261, 265; 335 NW2d 677 (1983).1
In response to defendants’ motion for summary judgment, plaintiffs argued that MCL 436.33; MSA 18.1004 imposed a duty not to furnish alcoholic beverage to a person under twenty-one years of age. The trial court noted that the common law did not recognize a cause of action against social hosts. It then ruled that the statute only applied to licensees under the Michigan Liquor Control Act, MCL 436.1 et seq.; MSA 18.971 et seq., and entered summary judgment for the Gensels and Langstons.
B
The Court of Appeals disagreed:
Our review of the current statute, MCL 436.33; MSA 18.1004, which prohibits the selling or furnishing of alcoholic beverages to a minor, leads us to conclude that its application is not limited to Liquor Control Act licensees; rather, it is applicable to all persons who violate its terms. We believe that the Legislature did not intend to eliminate the misdemeanor offense attendant to the furnishing of alcoholic beverages to minors by persons other than licensees under the Liquor Control Act.
Accordingly, we hold that a civil cause of action continues to exist for injuries or death caused by the furnishing of liquor to a minor by a social host or other persons not falling under the purview of the Liquor Control Act. [.Longstreth, supra, p 266.]
The Court of Appeals remanded the case with instructions to allow plaintiffs to amend their [680]*680complaint to state a cause of action in accordance with MCL 436.33; MSA 18.1004. Plaintiffs amended their complaint,2 and we granted defendants’ application for leave to appeal. 418 Mich 876 (1983).
II
We are asked once again to ascertain and give effect to the intention of the Legislature. We may determine legislative intent after considering the language and general scope of the act, in light of the general purpose it seeks to accomplish or the evil it seeks to remedy. White v City of Ann Arbor, 406 Mich 554, 562; 281 NW2d 283 (1979). We agree with the Court of Appeals that the provisions of § 33 are not limited to licensees. The development of the act as a whole, and specifically § 33, persuades us that the Legislature intended the act to have a broad scope.
The historical development of the act supports our conclusion that the act was intended to govern the entire regulation of liquor within Michigan. During Prohibition, it was illegal, among other [681]*681things, to manufacture, sell, give away, or furnish intoxicating liquors to anyone. 1917 PA 338. However, the Prohibition Act was repealed by 1933 PA 64. The 1933 regular session act was then repealed by the present Liquor Control Act. 1933 (Ex Sess) PA 8. The present act was based on a referendum.
At the November election in 1932, the people adopted a constitutional amendment (Const 1908, art 16, § 11), which reads:
"The legislature may by law establish a liquor control commission, who, subject to statutory limitations, shall exercise complete control of the alcoholic beverage traffic within this State, including the retail sales thereof; and the legislature may also provide for an excise tax on such sales; Providing, however, that neither the legislature nor such commission may authorize the manufacture or sale of alcoholic beverages in any county in which the electors thereof, by a majority vote, shall prohibit the same.”
Following the adoption of this amendment the legislature created "a liquor control commission for the control of the alcoholic beverage traffic within this State,” and prescribed "its powers, duties and limitations,” et cetera. Act No. 8, Pub. Acts 1933 (Ex. Sess.), as amended (Comp. Laws Supp. 1940, § 9209-16 et seq., Stat. Ann. § 18.971 et seq.). [Black v Liquor Control Comm, 323 Mich 290, 293; 35 NW2d 269 (1948). Emphasis supplied.]
On the basis of Const 1908, art 16, § 11, the Legislature provided that alcohol could be sold to persons twenty-one years of age or older. However, the Age of Majority Act, passed in response to ratification of the Twenty-sixth Amendment to the United States Constitution, granted certain rights and privileges to eighteen-year-olds. As a result, the legal drinking age was reduced, and alcoholic liquor could legally be sold to those persons eighteen years of age or older. 1972 PA 13.
[682]*682However, in 1978, the people of this state passed Proposal D, which returned the legal drinking age to twenty-one years. In doing so, the people retained the "complete control” language found in Const 1908, art 16, § 11, as emphasized in Black, supra. Const 1963, art 4, § 40 now provides:
A person shall not sell or give any alcoholic beverage to any person who has not reached the age of 21 years. A person who has not reached the age of 21 years shall not possess any alcoholic beverage for the purpose of personal consumption. An alcoholic beverage is any beverage containing one-half of one percent or more alcohol by volume.
Except as prohibited by this section, the legislature may by law establish a liquor control commission which, subject to statutory limitations, shall exercise complete control of the alcoholic beverage traffic within this state, including the retail sales thereof. The legislature may provide for an excise tax on such sales. Neither the legislature nor the commission may authorize the manufacture or sale of alcoholic beverages in any county in which a majority of the electors voting thereon shall prohibit the same. [Emphasis supplied.]
We believe that this recent constitutional amendment recognizes three very important principles. First, the raising of the drinking age indicates that the people of this state have made a public policy determination that persons under twenty-one years of age should not possess alcohol for the purpose of personal consumption. Second, other persons should be prohibited from selling or giving away alcohol to those under twenty-one years of age. These first two principles will be discussed below.
The third principle is more applicable to our present analysis. The amendment makes it clear that, from the very inception of the act to the [683]*683present, the people intended the Liquor Control Commission to exercise complete control of the alcoholic beverage traffic within this state, including (and by implication, not limited to) its retail sale. The title of the act has been given a broad interpretation to effectuate the will of the people. See Beacon Club v Kalamazoo Co Sheriff, 332 Mich 412, 420; 52 NW2d 165 (1952). The act does more than merely regulate liquor traffic; it involves the public health, safety, and morals. Turner v Schmidt Brewery Co, 278 Mich 464, 469; 270 NW 750 (1936). Therefore, the act was not intended to apply only to licensees. It was intended to govern the entire regulation of liquor within Michigan.
A reading of specific statutes within the act also indicates that its purview is not restricted to licensees. "Person” includes any person, firm, partnership, association, or corporation. MCL 436.2k; MSA 18.972(H).3 "Sale” includes exchange, barter, traffic, or the furnishing or giving away of any alcoholic liquor. MCL 436.2n; MSA 18.972(14). The act prohibits the consumption of alcoholic liquor on the public highways. MCL 436.34; MSA 18.1005. It also prevents a person less than twenty-one years of age from knowingly transporting or possessing alcohol in a motor vehicle unless [684]*684the person is employed by a licensee. MCL 436.33a; MSA 18.1004(1). Obviously, these sections were not included with only licensees in mind. Instead, the act was meant to apply to all persons who violate its terms.
C
Defendants argue that the dramshop provision of the act, MCL 436.22; MSA 18.993, is the exclusive remedy for persons claiming injury under the act.
At common law, it was not a tort to sell, give away, or furnish intoxicating liquors to an able-bodied adult. The rule was based on the theory that the drinking of the liquor, rather than the furnishing of it, was the proximate cause of the injury.4 Accordingly, the dramshop provision was meant to "fill a void” created by the common-law rule. See Manuel v Weitzman, 386 Mich 157, 163; 191 NW2d 474 (1971).
However, it must be emphasized that § 22, the dramshop provision, is only a small portion or subset of the whole act.5 Browder v Int'l Fidelity Ins Co, 413 Mich 603, 606, n 3; 321 NW2d 668 (1982). The dramshop section of the act imposes bonding requirements on certain licensees. It also imposes liability on licensees for injuries caused to third persons as a result of the sale or furnishing of liquor to minors or visibly intoxicated adults. Thus, § 22 specifically deals with the obligations and liabilities of licensees.
However, the present appeal does not involve an attempt to impose liability on a licensee. Plaintiffs’ [685]*685complaint is brought against social hosts, and is grounded on the violation of § 33 and not § 22 of the act. Accordingly, the defendants’ reliance on several cases, holding that § 22 of the act is a plaintiffs exclusive remedy against licensees, is misplaced. See Manuel, supra; LeGault v Klebba, 7 Mich App 640; 152 NW2d 712 (1967); Lucido v Apollo Lanes & Bar, Inc, 123 Mich App 267; 333 NW2d 246 (1983), lv den 417 Mich 1087. Unlike § 22, § 33 is not restricted to the regulation of licensees. To the contrary, § 33 indicates that any person who violates its terms is guilty of a misdemeanor.
D
Defendants also rely on cases which have declined to impose liability on social hosts who dispense alcoholic beverages. See, e.g., Behnke v Pierson, 21 Mich App 219; 175 NW2d 303 (1970), lv den 384 Mich 757 (1970); Westcoat v Meilke, 108 Mich App 115; 310 NW2d 293 (1981). For purposes of this appeal, however, we feel that those cases are distinguishable on the basis of the fact that the liquor there was furnished to adults. Courts have reached differing conclusions regarding the imposition of liability on social hosts for furnishing liquor to adults. Compare Kelly v Gwinnell, 96 NJ 538; 476 A2d 1219 (1984) (host serving liquor to visibly intoxicated adult guest is liable for injuries inflicted on third parties), and Clark v Mincks, 364 NW2d 226 (Iowa, 1985) (common-law principles create a cause of action on behalf of third parties against host serving to adult guest on the basis of a violation of a statute which prohibits any person from selling or giving liquor to any intoxicated person), with Klein v Raysinger, 504 Pa 141; 470 A2d 507 (1983) (generally no liability at common law imposed on a social host who serves liquor to a [686]*686visibly intoxicated adult guest). These recent cases indicate that the law in other jurisdictions is in a state of flux in this area. We emphasize that that issue is not before us today and that the common-law rule remains the law until modified by this Court or the Legislature.
In comparison, the present appeal involves allegations that the defendants knowingly furnished alcohol to a person who was under twenty-one years of age. The people of this state (through Const 1963, art 4, § 40), as well as the Legislature (through § 33 of the act), have determined that those under twenty-one years of age should not be sold, given, or furnished alcoholic beverages. We believe that this distinction is crucial for the purposes of this appeal. Lover v Sampson, 44 Mich App 173, 181-182; 205 NW2d 69 (1972), accord Congini v Portersville Valve Co, 504 Pa 157, 160-164; 470 A2d 515 (1983).
Ill
The law is not static; it is dynamic and often develops in response to changes in social mores. This is readily apparent in the issue faced today. Several sister states have recently addressed similar problems dealing with sale to minors. Although the results are mixed, these decisions recognize the increased social awareness of the dangers involved in furnishing alcohol to all age groups.
The Minnesota Supreme Court has declined to impose liability on a social host for damages occurring to a third party after a minor guest became intoxicated. Holmquist v Miller, 367 NW2d 468 (Minn, 1985). In that case, the Court noted that Minnesota originally imposed liability on social hosts. See Ross v Ross, 294 Minn 115; 200 NW2d 149 (1972). Ross, in turn, interpreted the Minne[687]*687sota Dramshop Act, which at that time imposed liability "against any person, who shall by illegally selling, bartering, or giving intoxicating liquors” causes injury. However, the Minnesota Legislature deleted the phrase "or giving” from the statute in 1977. Subsequent case law indicated that this deletion evidenced the Legislature’s intent to negate the holding in Ross. See Holmquist, supra, pp 470-471, citing Cole v Spring Lake Park, 314 NW2d 836, 840 (Minn, 1982), and Cady v Coleman, 315 NW2d 593, 595 (Minn, 1982).
A comparison of the development of Minnesota case law and statutory law with our own supports our conclusion that imposition of liability is warranted in this case. Our statutes have not experienced a history similar to those of Minnesota’s. On the contrary, in spite of the various amendments previously discussed, both our statutes and constitution continue to prohibit any person from giving alcoholic beverages to those under the legal drinking age.
The Wisconsin Supreme Court held that a third party has a common-law cause of action against social hosts who knew or should have known that a minor would be driving while intoxicated. Koback v Crook, 123 Wis 2d 259; 366 NW2d 857 (1985). There, the complaint alleged that the defendants held a party at their home, furnished liquor to minor guests, and then allowed one of them to leave on a motorcycle while intoxicated. The plaintiff, a passenger on the motorcycle, sued after being injured when the motorcycle struck a parked car. Koback extended an earlier opinion, Sorensen v Jarvis, 119 Wis 2d 627; 350 NW2d 108 (1984), which held that a vendor’s violation of a criminal statute prohibiting the sale of liquor to minors was negligence per se. The Koback court applied Sorensen and common-law negligence prin[688]*688cipies to noncommercial vendors and concluded that it was negligence per se for anyone to furnish liquor to minors.
The Wisconsin case was decided on the basis of several statutes6 which provided penalties for furnishing or giving liquor to those under the legal drinking age. The Koback court was not troubled by the fact that these statutes were grouped together with licensing regulations which clearly applied only to commercial vendors. In effect, the court said that the prohibiting statutes applied to all persons who violated their terms.
The state of Georgia also imposes liability on a social host for damages to third parties caused by the furnishing of liquor to minors. Sutter v Hutchings, 254 Ga 194; 327 SE2d 716 (1985). In that case, Mrs. Hutchings hosted a party for her seventeen-year-old daughter and provided a keg of beer for her guests. The complaint alleged that the hostess watched a minor guest drive away after expressing her concern for his ability to drive after drinking seven beers. The minor ran a red light and killed the plaintiffs’ decedent._
[689]*689The Georgia statute provided:
No person knowingly, by himself or through another, shall furnish [or] cause to be furnished . . . any alcoholic beverage to any person under 19 years of age. [Ga Code Ann, § 5A-510(1).]
The Sutter court concluded that this statute and others were meant to protect third parties from the actions of negligent social hosts and their intoxicated guests. However, the court declined to recognize a cause of action on behalf of the seventeen-year-old intoxicated driver against the social host, on the basis of a finding that the driver owed a duty to exercise ordinary care for his own safety. Sutter, supra, p 198, n 7.7
IV
In light of the aforementioned principles and [690]*690case law, we may now analyze the specific statute which forms the basis of plaintiffs’ complaint. The current version of § 33 provides:
Alcoholic liquor shall not be sold or furnished to a person unless the person has attained 21 years of age. A person who knowingly sells or furnishes alcoholic liquor to a person who is less than 21 years of age, or who fails to make diligent inquiry as to whether the person is less than 21 years of age, is guilty of a misdemeanor. A suitable sign which describes this section and the penalties for violating this section shall be posted in a conspicuous place in each room where alcoholic liquors are sold. The signs shall be approved and furnished by the state liquor control commission. [Emphasis supplied.]
This statute has been amended several times, dating back to its original enactment as part of 1933 (Ex Sess) PA 8. However, for purposes of this appeal, the most important change in § 33 was caused by enactment of 1978 PA 531, which repealed MCL 750.141a; MSA 28.336(1) (the specific criminal statute prohibiting sale to a minor).8 Defendants argue that the repeal of that criminal statute extinguishes plaintiffs’ cause of action. We disagree.
Again, a brief historical analysis is instructive. Up until 1943, the Penal Code did not contain a statute regulating the noncommercial furnishing of alcoholic liquor to minors. However, 1943 PA 205 amended the Penal Code by adding the following section:
Any person, who wilfully gives or furnishes any alcoholic beverage to a minor except upon authority of and pursuant to a prescription of a duly [691]*691licensed physician, shall be guilty of a misdemeanor. [MCL 750.141a; MSA 28.336(1).]
The statute was later amended by 1963 PA 162, § 1 to provide:
Any person, who knowingly gives or furnishes any alcoholic beverage to a minor except upon authority of and pursuant to a prescription of a duly licensed physician, shall be guilty of a misdemeanor, and if the furnishing involved any consideration, the person shall be imprisoned for not more than 1 year or fined not more than $1,000.00 or both.
Prior to enactment of 1978. PA 531 (which repealed the statute quoted above), the Court of Appeals held that a civil cause of action existed on the basis of a breach of duty caused by violation of MCL 750.141a; MSA 28.336(1). See Lover v Sampson, supra; Thaut v Finley, 47 Mich App 542; 209 NW2d 695 (1973), rev’d on reh 50 Mich App 611; 213 NW2d 820 (1973). The Legislature is presumed to know of statutory interpretations by the Court of Appeals and this Court. SEMTA v Dep’t of Treasury, 122 Mich App 92, 103; 333 NW2d 14 (1982); Jeruzal v Wayne Co Drain Comm’r, 350 Mich 527, 534; 87 NW2d 122 (1957). After Lover was decided in 1972, and especially during the legislative process which led to enactment of 1978 PA 531, the Legislature could have easily addressed this question. However, subsequent to Lover and Thaut, we find no indication that the Legislature intended to address this precise question.
On the contrary, after comparing the current version of § 33 with MCL 750.141a; MSA 28.336(1), we find that the Legislature incorporated the salient terms of the latter statute (1963 PA 162) into [692]*692§33. This is consistent with the Legislature’s intent that the act regulate all liquor activity within the state. In other words, it made sense to incorporate the terms of the former penal provision into the act, since it was meant to regulate all aspects of liquor consumption within the state.
Section 33 now provides that a person who knowingly sells or furnishes liquor to anyone under twenty-one years of age, or fails to make diligent inquiry regarding the person’s age, is guilty of a misdemeanor. MCL 750.141a; MSA 28.336(1), is no longer part of the Penal Code. However, violations of certain provisions of § 33 remain misdemeanors. Accordingly, we consider § 33 to be a penal statute.9
Although the Legislature has not addressed social host liability, we must determine whether § 33 provides a basis for liability where the complaint alleges negligence in furnishing intoxicating beverages to a minor. The proven violation of a penal statute is prima facie evidence of negligence. Zeni v Anderson, 397 Mich 117, 128-129, 143; 243 NW2d 270 (1976), citing Thaut, supra; Massey v Scripter, 401 Mich 385, 394-395; 258 NW2d 44 (1977). See generally 57 Am Jur 2d, Negligence, § 245, p 628.
However, this type of evidence is only available to certain plaintiffs under certain situations. 2 Restatement Torts, 2d, § 286, p 25 states:
The court may adopt as the standard conduct of [693]*693a reasonable man the requirements of a legislative enactment or an administrative regulation whose purpose is found to be exclusively or in part
(a) to protect a class of persons which includes the one whose interest is invaded, and
(b) to protect the particular interest which is invaded, and
(c) to protect that interest against the kind of harm which has resulted, and
(d) to protect that interest against the particular hazard from which the harm results.
See also Zeni, supra, pp 137-138, ns 21, 22; Prosser & Keeton, Torts (5th ed), § 36, pp 229-230; 57 Am Jur 2d, Negligence, §§ 257-258, pp 641-643; SJI2d 12.01.
We find that the alleged violation of § 33 was sufficient to preclude summary judgment. Section 33 was meant to protect a class of persons, i.e., those under the legal drinking age, and this plaintiff falls within that class. The statute protects a particular interest, i.e., freedom from injury caused by the use of alcohol by persons under twenty-one years of age. We again stress that this interest exists as a result of legislation (§ 33) and constitutional provision (Const 1963, art 4, § 40). Section 33 was meant to protect against the kind of harm which resulted, i.e., injury and death. Finally, the statute was meant to protect against a particular hazard, i.e., the dangerous effects of intoxication of those under twenty-one years of age. Therefore, we hold that the plaintiffs can maintain a cause of action based on violation of §33.
We hold today only that a violation of § 33 creates a rebuttable presumption of negligence. In Zeni, supra, p 143, Justice Williams wrote:
An accurate statement of our law is that when a [694]*694court adopts a penal statute as the standard of care in an action for negligence, violation of that statute establishes a prima facie case of negligence, with the determination to be made by the finder of fact whether the party accused of violating the statute has established a legally sufficient excuse. If the finder of fact determines such an excuse exists, the appropriate standard of care then becomes that established by the common law. Such excuses shall include, but shall not be limited to, those suggested by [2] Restatement Torts, 2d, § 288A, and shall be determined by the circumstances of each case.
Section 33 prohibits any person from knowingly selling or furnishing alcohol to anyone under the legal drinking age. Accordingly, a defendant’s lack of knowledge may be an excuse depending on the facts of the case. See Christensen v Parrish, 82 Mich App 409; 266 NW2d 826 (1978).
V
We have heretofore focused on the liability of the social host. However, we do not believe that our analysis should stop there. The majority of cases in this area involve injuries inflicted upon innocent third parties by the intoxicants. See, e.g., Lover v Sampson, supra; Clark v Mincks, supra; Kohack v Crook, supra. But we are confronted with the more difficult question regarding whether an underage person can recover for injury inflicted upon himself after consuming alcohol furnished by his host.
This question arises due to the general rule that the drinking of liquor, rather than the furnishing of it, is the proximate cause of a plaintiffs injury. See n 4. However, the general rule, as applied to [695]*695both licensees10 and social hosts,11 has been rejected recently.
Furthermore, the question of proximate cause is one for the trier of fact. In the present case, the proven violation of § 33 would establish the plaintiffs’ prima facie case. They are still required to establish proximate cause. Zeni, supra, p 143; Con[696]*696gini, supra, p 163, n 4. We are unable to state at this time that the plaintiffs’ cause of action is precluded as a matter of law.
We recognize that our conclusion gives this underage plaintiff a remedy against his hosts which is not presently available under §22 against licensees. In spite of the "growing number of cases” in other jurisdictions (n 10), an intoxicated person cannot sue licensees under § 22 for injuries in this state. See, generally, Kangas v Suchorski, 372 Mich 396, 399-400; 126 NW2d 803 (1964). This Court has not yet chosen to address a licensee’s responsibility to an intoxicated minor. Nevertheless, we believe that today’s decision is supported by law and public policy.
A dramshop action is based on § 22, which has been interpreted to provide an exclusive statutory remedy on behalf of designated third parties against licensees. The cause of action is not based on negligence principles. Dahn v Sheets, 104 Mich App 584, 593; 305 NW2d 547 (1981). This must be compared with the present case, which is based on common-law negligence principles. Accordingly, application of 2 Restatement Torts, 2d, § 286, persuades us that this underage guest can assert a cause of action for his own injuries, since he clearly falls within the class of persons which the statute intends to protect. Congini, supra, p 163.
Finally, we believe that application of comparative negligence principles may lessen any perceived hardships of this rule. Defendants asserted, as an affirmative defense, that Jamie Longstreth was negligent by failing to use proper care for his own safety when he drove after drinking at the wedding reception. In analyzing this question, we are again aided by recent cases regarding the contributory or comparative negligence of the driver-consumer.
[697]*697In Congini, supra, p 164, the Pennsylvania Supreme Court held that an eighteen-year-old driver could maintain a suit against his employer which hosted a Christmas office party. Social-host liability was based on a violation of a penal statute and 2 Restatement Torts, 2d, §286. The court added that an eighteen-year-old driver who knowingly consumed alcohol was also guilty of a summary offense. The court concluded:
Thus, although we recognize that an eighteen year old minor may state a cause of action against an adult social host who has knowingly served him intoxicants, the social host in turn may assert as a defense the minor’s "contributory” negligence. Thereafter, under our Comparative Negligence Act 42 Pa C S § 7102 it will remain for the fact finder to resolve whether the defendant’s negligence was such as to allow recovery,
Congini, supra, pp 162-166. See, also, Young v Caravan Corp, 99 Wash 2d 655; 663 P2d 834; 672 P2d 1267 (1983) (contributory negligence of the minor driver diminishes recovery in proportion to the percentage of negligence); but see Sutter v Hutchings, supra, n 7 (minor driver cannot recover against the social host, since as between the host and consumer, consumer had last opportunity to avoid the effects of the alcohol).
We believe that the rules enunciated in Congini and Young are more consistent with our current interpretation of § 33 and the doctrine of comparative negligence. The central focus of this appeal is on the liability of the social hosts. However, we cannot allow this focus to obscure the entire record. Although Jamie was not considered competent to handle the effects of the intoxication, the law does presume that he was competent to drive an [698]*698automobile in a nonnegligent manner.12 In light of the fact that this is an appeal based on reversal of a summary judgment, we express no opinion on the asserted affirmative defenses. This is a matter which should be decided by the jury. However, we do believe that comparative negligence principles should be considered on remand and applied if the facts so demand.
VI
The dangers and policy considerations related to serving intoxicants are especially significant when underage persons are involved. In Michigan, imposition of various sanctions and penalties on the basis of furnishing of liquor to underage persons has had a long history.13 _
[699]*699However, this is the first time we have been called upon to address this precise question. Accordingly, this opinion shall apply to the instant case, cases commenced after issuance of this opinion, and cases pending in the trial and appellate courts.
Affirmed.
Williams, C.J., and Levin and Brickley, JJ., concurred with Cavanagh, J.