Social Host Liability
You’ve Created the Perfect Space for Entertaining. Are You Liable for Injuries Involving Intoxicated Guests?
Last year we discussed when and how you might be liable if a guest is injured in a slip and fall or other accident due to a hazardous condition on your property, such as a cracked driveway or walkway, broken step, warped deck or sagging porch (Your Liability to Maintain a Safe Premises for Others on Your Property). We looked at premises liability laws in different states and how often the status of the individual as a business visitor or social guest could affect the extent of your liability to them.
Some accidents we didn’t discuss are those caused not by a hazard on the property but due to the intoxication of a guest. An entirely different set of laws apply to a social host’s liability toward intoxicated guests, and the liability of property owners varies greatly from state to state. If you bought or remodeled your home with entertaining in mind, it’s smart to be up on the laws of social host liability in your state and make sure you serve your guests responsibly at your next dinner party, cocktail party or backyard cookout.
What are the dangers of overserving alcohol to guests?
it’s not just that overserving alcohol may break your party budget or turn otherwise pleasant individuals into obnoxious drunks. Intoxicated guests can cause serious accidents. For instance:
- A drunk guest could fall off a balcony, down the stairs or onto a glass table, hurting him or herself
- A drunk guest could start a fight or assault another guest, including sexual assault
- A drunk guest could drive away from your party and injure or kill others on the road in a serious car accident
What is your liability to an injured intoxicated guest or others harmed by the guest?
You’ll need to check the laws in your own state. Many states have “dram shop laws” that hold bars and restaurants liable for injuries caused from overserving a visibly intoxicated person or serving any alcohol to a minor, but only a handful of these laws extend the liability to social hosts. Here are just a couple of examples.
New York
It’s illegal to sell or serve alcohol to a person who is visibility intoxicated or is known to be habitually drunk or to furnish alcohol to a person who is known or appears to be under 21 years old. Anyone injured by a drunk driver can bring a lawsuit against an individual who violated New York’s dram shop laws and recover exemplary (punitive) damages as well as actual damages such as medical bills, lost income and pain and suffering.
These laws don’t apply to social hosts, but in Orange County, a specially enacted Social Host Law makes it illegal for a person 18 years old or older to knowingly let an individual under 21 drink in their home or at a party they are hosting at some other location. Exceptions in the law are provided for religious consumption or where a minor’s parent is present and expressly permits the consumption. Otherwise, a social host faces a $500 fine for a first offense and can be convicted of a misdemeanor for a second offense, which carries penalties of a $1,000 fine and up to a year in jail.
Georgia
A person who sells, furnishes or serves alcohol can be held liable for injury or damages caused by the consumer of the alcohol if the following elements are present: 1) the person knowingly furnished alcohol to an individual who was under 21 years old or was noticeably intoxicated, 2) the person knew the consumer would soon be driving a motor vehicle, and 3) the injury was caused by the provision of the alcohol. This law applies to any person, including private party hosts. However, only an injured third party can sue the host. The person who consumed the alcohol cannot sue the host if he or she gets injured due to the individual’s own intoxication.
Like Georgia, most states that provide for social host liability do not recognize “first-party liability” for injuries to the intoxicated individuals. Those that do limit first party liability when the alcohol consumer was a minor and not an intoxicated adult. According to the National Institute on Alcohol Abuse and Alcoholism, over half the states in the country have some sort of social host liability law on the books. Eighteen states have general social host liability statutes, and nine states have social host laws specific to minors.
It’s fun to host a party and entertain your guests, and the provision of alcohol is part and parcel of the experience for many hosts. Knowing the laws of social host liability in your state can serve as a valuable reminder to serve responsibly, and it can also help you explain to certain guests why you’re not allowed to serve them.
