Social Host Responsibility

Hosting a party comes with a lot of responsibility. The host must send out the invites, follow up on RSVPs, and have enough food and drinks for everyone. Whenever drinks are served at a party, the host may need to ensure that no one goes overboard and becomes a danger to themself or others. Some guests may want to drive home at the end of the social gathering, even if they’ve had too much to drink.

Drivers are generally responsible for their own actions and their own injuries. However, in some cases, a host who served the guests too much to drink may have legal responsibility if a drunk driver gets into a motor vehicle accident with someone else, especially when the guest is under 21.

Social host liability laws are different in every state. If you are worried about your responsibilities when serving guests alcohol, contact a local and experienced DUI defense lawyer for more detailed information about social host laws.

What Is Social Host Responsibility?

Bars and restaurants can be found responsible when they serve alcohol to a visibly impaired customer who then causes an accident. In some situations, a private host who serves alcohol at their party can be found liable for drunk guests who cause an accident. This is known as social host responsibility.

Depending on the state, a social host who serves or furnishes alcohol to anyone underage can face criminal charges. Party hosts may also be civilly liable for allowing underage guests to drink if the underage guest is then injured in an accident. In some cases, a host can also be found liable in 3rd-party personal injury claims for someone who is injured by an impaired guest who causes a DUI accident.

Dram Shop Laws

A dram shop is an old term for a place that sells or serves alcoholic beverages, like a bar, tavern, or club. State laws that make bars liable for damage caused by impaired customers are known as dram shop laws. A bar, restaurant, or establishment selling alcohol to visibly intoxicated customers may be liable if the customer causes an alcohol-related accident.

Social Host Liability

In most states, social hosts are not liable for accidents caused by drivers who are legally able to possess or consume alcohol.

Dram shop laws generally do not apply to social hosts. A bar or restaurant is licensed to sell alcohol, and selling and serving alcohol is part of the business. Social hosts may be hosting a party for friends and family, serving drinks without a license and without a business purpose.

Some states do impose liability on social hosts who serve drivers who are impaired or intoxicated. Most states limit liability to underage guests, but some apply liability to guests of any age.

For example, in Indiana, a social host may be liable for damages when they give someone who is already visibly intoxicated another alcoholic beverage, and that person goes on to cause an accident.

However, even if there is no specific statute to address social host liability for civil damages, some states have established liability for social hosts through common law court decisions.

For example, in Massachusetts, a social host is liable for injuries caused by an intoxicated driver if they knew or should have known the driver was intoxicated. This applies to underage drivers and drivers 21 and older. 

States With Social Host Statutes

Many states have social host laws. Some laws only apply to guests under the legal drinking age who are served alcohol, while others apply liability to guests of all ages. The laws are different in every state, so if you are concerned about social host liability, make sure you understand your responsibilities in your state. 

According to the National Conference of State Legislatures, the following 31 states have social host civil liability laws for injuries or property damage caused by underage drinkers:

• Alabama
• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Georgia
• Hawaii
• Idaho
• Illinois
• Indiana
• Iowa
• Louisiana
• Maine
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Montana
• Nebraska
• Nevada
• New Jersey
• New Mexico
• New York
• North Dakota
• Oregon
• South Dakota
• Texas
• Vermont
• Wisconsin
• Wyoming

Most of these laws only apply to impaired guests under the age of 21. For example, in New York, any person who is injured by an intoxicated person under the age of 21 years can recover damages against any person who causes intoxication by unlawfully furnishing alcoholic beverages.

Under California law, social hosts are generally not responsible for injuries caused by a driver of legal age. However, parents, guardians, or other adults who knowingly furnish alcoholic beverages at their residence to someone under 21 can be found to be responsible for injuries or death.

Social Hosts and Wedding Parties

Social host liability laws generally apply to any event at someone’s home, including a wedding party, New Year’s party, or graduation party. If you are hosting a social event at your home, you may be liable if any underage guests have access to alcohol and are injured after driving drunk or suffering an injury. 

Consider having a catered get-together with a licensed bartender. Ensure the catering company or server has insurance to protect you if anyone is injured or gets into an accident after having too much to drink.

Criminal Liability for Alcohol and Underage Guests

Most social host liability laws are targeted toward reducing underage drinking and alcohol-related injuries and deaths by minors. Homeowners, parents, or hosts can face criminal penalties for furnishing or serving alcohol to minors, including allowing underage people to drink on the premises. According to the NCSL, states with criminal liability for hosting underage drinkers include:

• Alabama
• Alaska
• Arizona
• Arkansas
• California
• Connecticut
• Hawaii
• Illinois
• Kansas
• Louisiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Mississippi
• Montana
• New Hampshire
• New Jersey
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Utah
• Virginia
• Washington
• Wisconsin
• Wyoming

In Washington, it is a criminal offense to supply liquor to permit any person under the age of 21 to consume alcoholic beverages on their premises, with penalties including a fine of up to $5,000 and one year in jail.

Am I Responsible if a Guest Gets in a Drunk Driving Accident?

When serving guests alcohol in your home, you may be subject to social host liability laws. If a guest has too much to drink at your party and gets into a car accident, someone may try to hold you liable for the damages. Your homeowner insurance policy may sometimes cover you against personal liability claims. Check with your insurance company to see what is covered.

Another step you can take to protect yourself from potential liability is to provide safe ways for your guests—adolescents and adult guests—to get home. To help ensure everyone can celebrate responsibly, consider the following:

• Provide plenty of non-alcoholic beverages
• Serve food with drinks
• Host your party at a restaurant or other venue with licensed servers
• Stop serving alcohol before the end of the party
• Monitor your guests’ consumption of alcohol
• Make anyone who drives hand over their keys if they are going to drink
• Have designated drivers who can safely drive intoxicated guests home
• Call a taxi, Uber, or Lyft for guests

A criminal defense attorney will be in the best position to assess your case, offer legal advice, negotiate with prosecutors, and advocate for you. If you host frequently and are concerned about social host liability or currently facing charges related to social host liability, contact a local and experienced DUI defense attorney